State v. David Gunderson

DA 08-0499 ·Direct Appeal ·Criminal ·Closed
Docket DA 08-0499
Type Direct Appeal — Burglary
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 07-632
Lower court judge Hon. Gregory R. Todd

Key dates

Closed Aug 16, 2010
Classified Apr 14, 2010
Appeal filed Oct 8, 2008
Record filed Jan 8, 2009
Oral argument May 14, 2010
Briefing ended Mar 19, 2010
Opinion issued Jul 27, 2010
Briefing started Feb 9, 2009
Transcript filed Feb 9, 2009
Sent to the court Mar 23, 2010
Submitted for decision May 14, 2010
Appellant Reply Brief Filed Mar 19, 2010
Appellant Opening Brief Filed Nov 23, 2009
Appellee Response Brief Filed Jan 29, 2010

Calculated

from the docket dates
Appeal filed to briefing start 124
Briefing days 402
Briefing start to opening brief filed 287
Classified to Opinion 104
Close of briefing to sent to court 4
Filing date to Opinion 657
Filing date to closed 677
Opening to response 66
Opinion to closed 19
Oral argument to Opinion 74
Response to reply 49
Sent to court to classified 22
Sent to court to oral argument 52
Submitted for decision to Opinion 126

Tags

Affirmed in part, reversed in part Closed Oral Argument Published opinion

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
David W. Gunderson
Represented by S. Chase Rosario

Opinion

State v. David Gunderson, 2010 MT 166

Affirmed in part, reversed in part on July 27, 2010, in a 7 to 0 published opinion.

Events

most recent first
Event - Case Closed Aug 16, 2010 3:02 PM Closing Notice
Record - DC Record Returned to District Court Aug 16, 2010 3:01 PM Record
Notice - Outgoing - Remittitur Issued Aug 16, 2010 2:53 PM Closing Notice
Opinion - Published; Nelson, affirm in part, reverse in part and remand Jul 27, 2010 4:24 PM Opinion
Order - the motion to supplement the record is DENIED May 18, 2010 1:38 PM Order - Other
Motion - Unopposed - Supplement the Record with Exhibit Discussed at Oral Argument. copies to Court May 14, 2010 10:32 AM Motion
Event - Oral Argument Presented by Sarah Chase Rosario y Naber for the appellant and Tammy Plubell for the appellee. The matter was taken under advisement at 10:05 a. m May 14, 2010 9:28 AM Event
Notice - Outgoing - Oral Argument Scheduled Apr 15, 2010 11:54 AM Notice - Outgoing
Order - Classified - Oral Argument - Friday, 5/14/10, at 9:30 a.m. Limited to Issue #1. Appellant shall have 20 minutes and Appellee 15 minutes Apr 14, 2010 11:43 AM Classifying Notice
Notice - Incoming - Supplemental Authority. Copies to Court Mar 26, 2010 12:28 PM Notice - Incoming
Event - Case Sent to Court Mar 23, 2010 9:11 AM Classifying Notice
Brief - Appellant Reply Mar 19, 2010 9:10 AM Appellant Reply Brief
Order - Grant - Extension of Time until March 12, 2010, to file Appellant's Reply Brief Feb 26, 2010 12:26 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Feb 24, 2010 9:29 AM Motion
Extension - Grant of Extension until Feb. 26, 2010, to file Appellant's Reply brief Feb 16, 2010 9:56 AM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Feb 12, 2010 8:31 AM Motion
Notice - Incoming - Related Issues. Copies to Court Jan 29, 2010 11:15 AM Notice - Incoming
Brief - Appellee Jan 29, 2010 9:00 AM Appellee Response Brief
Extension - Grant of Extension - Appellee is given until 1/22/10 to file its brief Dec 21, 2009 9:50 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) Dec 21, 2009 4:07 PM Motion
Brief - Appellant Nov 23, 2009 2:31 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 11/23/09 to file the opening brief. Absent truly extraordinary circumstances, no further extensions will be granted Oct 20, 2009 9:01 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to court Oct 15, 2009 3:55 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 10/21/09 to file his opening brief Sep 11, 2009 8:40 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Sep 9, 2009 9:58 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/21/09 to file his opening brief Aug 19, 2009 3:40 PM Order - Extension
Motion - Unopposed - Extension of Time and Affidavit - Brief (Appellant). sent to Court Aug 18, 2009 1:28 PM Motion
Motion - Unopposed - Extension of Time and Affidavit - Brief (Appellant). sent to Court Aug 18, 2009 1:22 PM Motion
Order - Grant - Extension of Time until 08/21/09, to file Appellant's Brief Jul 17, 2009 11:32 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Jul 15, 2009 2:08 PM Motion
Notice - Incoming - Appearance (Taryn Hart) Jul 1, 2009 11:01 AM Notice - Incoming
Order - Grant - Extension of Time until July 22, 2009, to file Appellant's Brief Jun 16, 2009 1:01 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Jun 11, 2009 9:09 AM Motion
Notice - Incoming - Appearance (Kelli Sather) May 11, 2009 2:13 PM Notice - Incoming
Order - Grant; Mercer's motion to be allowed to withdraw is GRANTED. Office of Appellate Defender is directed to assign new counsel, which shall file notice of appearance w/in 10 days May 6, 2009 4:17 PM Order - Other
Response to - Motion to withdraw and request for new attorney. copies to Court Apr 8, 2009 3:32 PM Response
Order - Respond to Pleading. Respondent shall file response to motion to withdraw within 30 days Mar 9, 2009 8:34 AM Order - Other
Brief - Anders-Withdrawal of Counsel. Copy to Court Mar 6, 2009 9:18 AM Brief
Notice - Outgoing - Transcript Filed Feb 9, 2009 11:23 AM Transcript
Record - Transcript Filed (1 original w/dvd of 5/23/08 hearing) Feb 9, 2009 11:20 AM Record
Order - Grant; motion to supplement the record is granted. The transcripts of the 5/23/08 Motion Hearing shall be placed in the file of this Court on or before Feb. 11, 2009 Feb 3, 2009 1:13 PM Order - Other
Motion - Unopposed - Supplement the Record. copies to court Feb 2, 2009 10:10 AM Motion
Order - Grant - Extension of Time until March 6, 2009, to file Appellant's Brief Jan 21, 2009 10:14 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Jan 20, 2009 8:20 AM Motion
Notice - Outgoing - District Court Record Filed Jan 8, 2009 11:37 AM Record
Record - DC Record/Exhibits/Transcript Filed (1 red folder, 1 box exhibits; 4 original condensed transcripts w/ dvd) Jan 5, 2009 11:36 AM Record
Notice - Incoming - Appearance (Koan Mercer for appellant) Jan 5, 2009 11:30 AM Notice - Incoming
Notice - Incoming - Attorney Substitution/Withdrawal Jan 5, 2009 12:00 AM Notice - Incoming
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record until December 31, 2008 Nov 18, 2008 11:27 AM Ruling
Notice - Outgoing - Appeal Notice Oct 9, 2008 10:32 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Oct 8, 2008 10:27 AM Notice - Incoming