State v. Duncan

DA 11-0744 ·Direct Appeal ·Criminal ·Closed
Docket DA 11-0744
Type Direct Appeal — Sexual Assault
Classification Criminal
Outcome Reversed
Lower court case DC 04-48
Lower court judge Hon. Katherine M. Bidegaray

Key dates

Closed Nov 15, 2012
Classified Aug 22, 2012
Appeal filed Dec 15, 2011
Record filed Jan 23, 2012
Briefing ended Jul 9, 2012
Opinion issued Oct 30, 2012
Briefing started Jan 23, 2012
Transcript filed Jan 9, 2012
Sent to the court Jul 12, 2012
Submitted for decision Jul 12, 2012
Appellant Reply Brief Filed Jul 9, 2012
Appellant Opening Brief Filed Feb 22, 2012
Appellee Response Brief Filed May 23, 2012

Calculated

from the docket dates
Appeal filed to briefing start 39
Briefing days 167
Briefing start to opening brief filed 29
Classified to Opinion 68
Close of briefing to sent to court 3
Filing date to Opinion 320
Filing date to closed 336
Opening to response 91
Opinion to closed 15
Response to reply 46
Sent to court to classified 41
Submitted for decision to Opinion 110

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellant
Alvin J. Duncan
Represented by Joseph Palmer Howard

Opinion

State v. Duncan, 2012 MT 241

Reversed on October 30, 2012, in a 4 to 1 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Nov 23, 2012 10:59 AM Record
Event - Case Closed Nov 15, 2012 8:35 AM Closing Notice
Record - DC Record Returned to District Court Nov 15, 2012 8:34 AM Record
Notice - Outgoing - Remittitur Issued Nov 15, 2012 7:41 AM Closing Notice
Opinion - Published - Baker, affirmed and remanded Oct 30, 2012 11:11 AM Opinion
Order - Classified - Five Justice Panel Aug 22, 2012 3:18 PM Classifying Notice
Event - Case Sent to Court Jul 12, 2012 9:03 AM Classifying Notice
Brief - Appellant Reply Jul 9, 2012 9:02 AM Appellant Reply Brief
Extension - Appellant GRANT of Extension of Time until 7/9/2012 to file Reply Brief Jun 6, 2012 12:01 PM Extension
Motion - Appellant 1st Unopposed Extension of Time to file Reply Brief Jun 6, 2012 11:55 AM Motion
Brief - Appellee May 23, 2012 4:11 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 5/23/12 to file its brief Apr 17, 2012 11:09 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee). To Court Apr 16, 2012 4:21 PM Motion
Extension - Grant of Extension until April 23, 2012, to file Appellee's Brief Mar 23, 2012 4:27 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) Mar 23, 2012 3:01 PM Motion
Brief - Appellant Feb 22, 2012 9:44 AM Appellant Opening Brief
Notice - Outgoing - District Court Record Filed Jan 23, 2012 2:20 PM Record
Record - DC Record/Exhibits/Transcripts Filed - 2 criminal file folders, 1 civil file folder; 3 envelopes of Exhibits (2 confidential); 1 envelope of Jury Instructions; 8 Transcripts (April 28, 2006 Hrg.; May 11-16, 2006 Trial; June 20, 2006 Hrg.; September 12, 2006 Hrg.; November 15, 2006 Hrg.) Jan 23, 2012 12:10 PM Record
Notice - Outgoing - Transcript Filed Jan 9, 2012 10:23 AM Transcript
Record - Transcript Filed (1 original condensed transcript 0of 12/7/11 hearing w/DVD) Jan 9, 2012 10:22 AM Record
Notice - Outgoing - Appeal Notice Dec 16, 2011 2:50 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 16, 2011 2:48 PM Notice - Incoming