State v. Benn

DA 11-0031 ·Direct Appeal ·Criminal ·Closed
Docket DA 11-0031
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Opinion issued in a DA case, outcome unknown
Lower court case DC 07-192

Key dates

Closed Mar 1, 2012
Classified Jan 11, 2012
Appeal filed Jan 18, 2011
Record filed Feb 24, 2011
Oral argument Sep 6, 2011
Opinion issued Feb 14, 2012
Briefing started Feb 28, 2011
Transcript filed Feb 28, 2011
Sent to the court Jan 11, 2012
Submitted for decision Sep 6, 2011
Appellant Opening Brief Filed Jun 30, 2011
Appellee Response Brief Filed Nov 14, 2011

Calculated

from the docket dates
Appeal filed to briefing start 41
Briefing start to opening brief filed 122
Classified to Opinion 33
Filing date to Opinion 392
Filing date to closed 408
Opening to response 136
Opinion to closed 15
Oral argument to Opinion 161
Sent to court to oral argument 127
Submitted for decision to Opinion 34

Tags

Case stayed Closed Five Justice Panel Opinion issued in a DA case, outcome unknown Oral Argument

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellant
Wesley Benn
Represented by Colin M. Stephens

Opinion

State v. Benn, 2012 MT 33

Opinion issued in a DA case, outcome unknown on February 14, 2012, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Mar 7, 2012 11:21 AM Record
Event - Case Closed Mar 1, 2012 1:30 PM Closing Notice
Record - DC Record Returned to District Court Mar 1, 2012 1:30 PM Record
Notice - Outgoing - Remittitur Issued Mar 1, 2012 1:29 PM Closing Notice
Opinion - Opinion and Order - Motion to Dismiss is Granted with prejudice Feb 14, 2012 3:43 PM Opinion
Order - Classified - Five Justice Panel Jan 11, 2012 4:13 PM Classifying Notice
Event - Case Sent to Court Jan 11, 2012 11:03 AM Classifying Notice
Response/Objection - Per court order of 9/16/2011 Appellant Additional response to state's motion to dismiss (copies to court) Dec 28, 2011 10:46 AM Response
Order - Appellant GRANT of Extension of Time until 12/28/2011 to file reply brief Dec 15, 2011 11:43 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant Supplemental). sent to Court Dec 14, 2011 11:15 AM Motion
Brief - Appellee Nov 14, 2011 10:04 AM Appellee Response Brief
Order - Appellee GRANT of Extension of Time until 11/07/2011 to file response brief Oct 4, 2011 9:19 AM Order - Extension
Motion and Affidavit - Unopposed - Extension of Time - Brief (Appellee). sent to Court Oct 4, 2011 9:12 AM Motion
Order - Supplemental Briefing; State will file a brief within 30 days, followed by an answer brief on behalf of Benn within 30 days. The Court will then determine whether to conduct oral argument. Briefing on the merits is stayed pending further order Sep 6, 2011 10:17 AM Order - Other
Response/Objection - Notice of Appellant's Death. copies to Court Sep 2, 2011 9:27 AM Response
Notice - Notice of Appellant's Death. sent to Court Aug 30, 2011 9:44 AM Notice
Event - Sent to Court-Pleading; Motion to Dismiss and Response to Motion Aug 8, 2011 2:16 PM Event
Response/Objection - Dismissal. copies to Court Aug 8, 2011 2:14 PM Response
Motion - Opposed - Dismiss - Appellee's. holding for objection Aug 3, 2011 3:53 PM Motion
Order - Grant - Extension of Time until Aug. 31, 2011, to file Appellee's brief Aug 3, 2011 3:49 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) Aug 2, 2011 4:42 PM Motion
Brief - Appellant Jun 30, 2011 3:48 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 6/26/11 to compile the full record and file his opening brief May 20, 2011 4:20 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court May 20, 2011 10:46 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 5/25/11 to compile the full record and file his opening brief Apr 22, 2011 11:35 AM Order - Extension
Appellant's Second Unopposed Motion for Extension of Time to Opening Brief. sent to Court Apr 21, 2011 12:23 PM Other
Extension - Grant of Extension - Appellant is given until 4/26/11 to file the opening brief Mar 24, 2011 3:54 PM Extension
Motion - Unopposed - Extension of Time - Brief Mar 24, 2011 11:56 AM Motion
Notice - Outgoing - Transcript Filed Feb 28, 2011 3:25 PM Transcript
Record - Transcript Filed (1 Vol. dated 5/19/08 with CD) Feb 28, 2011 3:17 PM Record
Notice - Outgoing - District Court Record Filed Feb 24, 2011 12:53 PM Record
Record - DC Record/Transcript Filed (DC 07-192 consisting of (5) red file folders and Transcripts dated 10/31/07; 11/07/07; 11/28/07; 12/12/07; 1/23/08; 1/30/08; 7/14/-7/18/08; 11/05/08; 2/2/-03/09; 7/1/09; 9/23/09; 2/17/10; 2/24/10; 4/26/10; 5/3-5/7/10; 8/25/10; and 10/6/10 with CD Feb 24, 2011 11:57 AM Record
Notice - Outgoing - Transcript Filed Feb 14, 2011 3:12 PM Transcript
Record - Transcript Filed (1 vol. dated 7/21/10 with CD) Feb 14, 2011 3:10 PM Record
Notice - Outgoing - Appeal Notice Jan 19, 2011 11:14 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 18, 2011 11:11 AM Notice - Incoming