State v. R. French

DA 23-0528 ·Direct Appeal ·Criminal ·Open
Docket DA 23-0528
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Opinion issued in a DA case, outcome unknown
Lower court case BDC-19-280

Key dates

Appeal filed Sep 15, 2023
Record filed Dec 11, 2023
Transcript filed Jan 22, 2024
Briefing started Jan 22, 2024
Appellant Opening Brief Filed Dec 31, 2024
Appellee Response Brief Filed Apr 25, 2025
Appellant Reply Brief Filed May 21, 2025
Briefing ended May 21, 2025
Sent to the court May 21, 2025
Rehearing requested Dec 16, 2025
Opinion issued Jan 20, 2026
Rehearing granted Jan 20, 2026
Classified Jan 20, 2026
Oral argument Mar 4, 2026
Submitted for decision Mar 4, 2026

Calculated

from the docket dates
Appeal filed to briefing start 129
Briefing days 484
Briefing start to opening brief filed 343
Classified to Opinion 0
Close of briefing to sent to court 0
Days since filed 1,082
Filing date to Opinion 858
Opening to response 114
Oral argument to Opinion 42
Response to reply 26
Sent to court to classified 244
Sent to court to oral argument 286
Submitted for decision to Opinion 244

Tags

Case stayed En Banc Open Opinion issued in a DA case, outcome unknown Oral Argument Published opinion Rehearing granted Rehearing requested

Parties

Appellee
State of Montana
Represented by Austin Miles Knudsen Joshua A. Racki Mardell Lynn Ployhar
Appellant
Robert Dan French
Represented by Tammy Ann Hinderman Jeff N. Wilson

Events

most recent first
Event - Oral Argument Presented - Jeff N. Wilson argued for the appellant. Mardell Lynn Ployhar argued for the Appellee. The matter was submitted at 10:39 a.m Mar 4, 2026 11:08 AM Event
Notice - Incoming - Receipt of Notice of Oral Argument - Jeff Wilson Feb 25, 2026 1:42 PM Notice - Incoming
Order - IT IS HEREBY ORDERED that oral argument in the case shall be limited to French's claim that Count I should be reversed because there was insufficient corroborating evidence Jan 26, 2026 11:52 AM Order - Other
Motion - Unopposed - Clarify Jan 22, 2026 1:33 PM Motion
Notice - Incoming - Receipt of Oral Argument - Mardell Ployhar Jan 21, 2026 9:11 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jan 20, 2026 2:39 PM Notice - Outgoing
Order - Classified - Oral Argument. Wednesday, March 4, 2026, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Justice Building, Helena, Montana Jan 20, 2026 2:38 PM Classifying Notice
Order -IT IS THEREFORE ORDERED that the petition for rehearing is GRANTED. This Court's December 2, 2025 Opinion is WITHDRAWN Jan 20, 2026 2:25 PM Granting Rehearing
Event - Sent to Court-Pleading Dec 30, 2025 8:24 AM Event
Response/Objection - Rehearing - State's Objection to Petition for Rehearing Dec 30, 2025 8:08 AM Response
Petition - Rehearing - Held for response Dec 16, 2025 4:25 PM Petition
Opinion - Published - WITHDRAWN 1/20/26 Dec 2, 2025 3:41 PM Opinion
Order - Classified - En Banc Jul 23, 2025 12:56 PM Classifying Notice
Event - Case Sent to Court May 21, 2025 12:35 PM Classifying Notice
Notice - Outgoing - Brief Filed May 21, 2025 12:34 PM Notice - Outgoing
Brief - Appellant Reply May 21, 2025 11:59 AM Appellant Reply Brief
Order - Appellant is given an extension of time until June 9, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted May 5, 2025 3:29 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief - First Request May 5, 2025 3:02 PM Motion
Notice - Outgoing - Brief Filed Apr 25, 2025 12:48 PM Notice - Outgoing
Brief - Appellee's Response Apr 25, 2025 9:01 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including May 2, 2025, within which to prepare, serve, and file its response brief Mar 25, 2025 11:40 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Mar 25, 2025 11:14 AM Motion
Order - Appellee is granted an extension of time to and including April 2, 2025, within which to prepare, serve, and file its response brief Feb 24, 2025 10:14 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Feb 24, 2025 9:24 AM Motion
Grant - Appellee is granted an extension of time to and including March 3, 2025, within which to prepare, serve, and file its response brief Jan 29, 2025 10:10 AM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Jan 29, 2025 9:58 AM Motion
Notice - Outgoing - Brief Filed Dec 31, 2024 4:35 PM Notice - Outgoing
Brief - Appellant's Opening Dec 31, 2024 2:25 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including January 3, 2025, within which to prepare, file, and serve Appellant's opening brief Dec 12, 2024 1:37 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 12, 2024 9:23 AM Motion
Order - Appellant is granted an extension of time to and including December 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2024 8:17 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Nov 12, 2024 12:17 PM Motion
Grant - Appellant is granted an extension of time to and including November 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 15, 2024 4:21 PM Other
Motion - Unopposed - Appellant's Extension of Time - Brief Oct 15, 2024 8:00 AM Motion
Order - Appellant is granted an extension of time to and including October 21, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 12, 2024 1:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Sep 12, 2024 8:47 AM Motion
Order - Appellant is granted an extension of time to and including September 20, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 15, 2024 12:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 14, 2024 5:46 PM Motion
Order - Appellant is granted an extension of time to and including August 21, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 15, 2024 3:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (OPENING BRIEF) Jul 15, 2024 2:51 PM Motion
GRANT - Appellant is granted an extension of time to and including July 22, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 14, 2024 1:39 PM Other
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 14, 2024 10:02 AM Motion
Order - Appellant is granted an extension of time to and including June 21, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal May 15, 2024 5:37 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 15, 2024 1:34 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to May 22, 2024, to prepare, file, and serve Appellant's opening brief Apr 17, 2024 8:59 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 15, 2024 5:47 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to April 22, 2024, to prepare, file, and serve Appellant's opening brief Mar 14, 2024 4:44 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 14, 2024 11:20 AM Motion
Extension - Grant of Extension - Appellant is given an extension of time until March 22, 2024, to prepare, file, and serve the Appellant's opening brief Feb 14, 2024 10:32 AM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Feb 13, 2024 4:24 PM Motion
Notice - Outgoing - Transcript Filed Jan 22, 2024 4:17 PM Transcript
Record - Electronic Transcript Filed for Cause No. DC-19-280 of 04/25-27/2022 hearings Jan 22, 2024 4:11 PM Record
Order - Briefing/Scheduling - Court HEREBY ORDERS that the stay in this matter is lifted Jan 5, 2024 4:37 PM Order - Other
Motion - Unopposed - Lift the Stay Jan 5, 2024 8:59 AM Motion
Order - Grant - Extension of Time - Court Reporter Thomas F. Sapp is granted an extension of time to and including February 1, 2024, within which to prepare, file, and serve the transcripts requested on appeal Dec 14, 2023 2:47 PM Order - Extension
Notice - Outgoing - Exhibits Filed Dec 14, 2023 1:38 PM Notice - Outgoing
Record - DC Record/Exhibits Filed for Cause No. BDC-19-280 consisting of one (1) large white envelope of document exhibits 1-13 and one (1) DVD-r of exhibit 14 Dec 14, 2023 1:35 PM Record
Motion - Unopposed - Extension of Time - Prepare Transcript Dec 14, 2023 1:12 PM Motion
Notice - Outgoing - District Court Record Filed Dec 11, 2023 3:54 PM Record
Record - Electronic DC Record Filed for Cause No. BDC-19-280 consisting of electronic documents 1-260 and the Case Register Report Dec 11, 2023 3:32 PM Record
Notice - Outgoing - Transcript Filed Dec 4, 2023 2:46 PM Transcript
Record - ELECTRONIC Transcript Filed - Cause No. DA 23-0528 - (1) Pretrial Status - January 6, 2020; (2) Pretrial Status - June 29, 2020; (3) Pretrial Status - May 24, 2021; (4) Pretrial Status - April 11, 2022; (5) Sentencing - July 25, 2022; (6) Motion - December 12, 2022; (7) Sentencing - June 19, 2023; and, (8) Sentencing - July 17, 2023 Dec 4, 2023 2:37 PM Record
Order - Stay Proceeding - IT IS ORDERED that the appeal in this matter is STAYED and the briefing schedule is vacated until the District Court issues a decision on the Defendant's pending Motion for a New Trial. THAT the District Court shall issue a written decision on the Defendant's pending Motion for a New Trial and for Hearing after the conclusion of briefing or following an evidentiary hearing Sep 26, 2023 3:14 PM Order - Other
Event - Sent to Court-Pleading Sep 20, 2023 12:04 PM Event
Motion - Remand to District Court Sep 19, 2023 10:44 AM Motion
Notice - Incoming - Transcripts Deemed Necessary Sep 15, 2023 2:29 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Sep 15, 2023 12:50 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Sep 15, 2023 12:06 PM Notice - Incoming