State v. B. Hamernick

DA 21-0372 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0372
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC-32-2019-353
Lower court judge Hon. John W. Larson

Key dates

Closed Jan 12, 2024
Classified Aug 23, 2023
Appeal filed Jul 30, 2021
Record filed Sep 8, 2021
Briefing ended Apr 19, 2023
Opinion issued Dec 27, 2023
Briefing started Nov 16, 2021
Transcript filed Nov 16, 2021
Sent to the court Apr 19, 2023
Submitted for decision Apr 19, 2023
Appellant Reply Brief Filed Apr 19, 2023
Appellant Opening Brief Filed Nov 9, 2022
Appellee Response Brief Filed Mar 7, 2023

Calculated

from the docket dates
Appeal filed to briefing start 109
Briefing days 519
Briefing start to opening brief filed 358
Classified to Opinion 126
Close of briefing to sent to court 0
Filing date to Opinion 880
Filing date to closed 896
Opening to response 117
Opinion to closed 15
Response to reply 43
Sent to court to classified 125
Submitted for decision to Opinion 251

Tags

Closed En Banc Five Justice Panel Published opinion Reclassified En Banc Reversed

Parties

Appellee
State of Montana
Represented by Ryan Joseph Mickelson
Appellant
Bryce Caleb Hamernick
Represented by Chad M. Wright

Opinion

State v. B. Hamernick, 2023 MT 249

Reversed on December 27, 2023, in a 4 to 3 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 24, 2024 10:20 AM Record
Record - DC Record Returned to District Court Jan 12, 2024 8:57 AM Record
Event - Case Closed Jan 12, 2024 8:55 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 12, 2024 8:52 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 12, 2024 8:42 AM Closing Notice
Opinion - Published - Justice Rice - Reverse the Judgment of Conviction and Remand this matter for further proceedings Dec 27, 2023 4:00 PM Opinion
Order - Classified - En Banc - This cause, which was previously classified for submission on briefs to a five-justice panel, is hereby reclassified for submission to the Court sitting en banc Aug 23, 2023 11:28 AM Classifying Notice
Order - Classified - Five Justice Panel May 31, 2023 11:48 AM Classifying Notice
Event - Case Sent to Court Apr 19, 2023 4:16 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Apr 19, 2023 4:15 PM Notice - Outgoing
Brief - Appellant Reply Apr 19, 2023 12:55 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 4/20/23 to file the reply brief; no further extensions will be granted Mar 9, 2023 3:05 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Mar 9, 2023 1:57 PM Motion
Notice - Outgoing - Appellee's Brief Filed Mar 7, 2023 4:51 PM Notice - Outgoing
Brief - Appellee's Response Mar 7, 2023 9:02 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including March 9, 2023, within which to prepare, file, and serve its response brief Jan 31, 2023 10:40 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jan 30, 2023 12:31 PM Motion
Order - Appellee is granted an extension of time to and including February 7, 2023, within which to prepare, file, and serve its response brief Dec 23, 2022 4:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension- Appellee's Brief Dec 23, 2022 3:25 PM Motion
Extension - Grant of Extension - Appellee is granted an extension of time to and including January 8, 2023, within which to prepare, serve, and file its response brief Nov 28, 2022 3:31 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Nov 28, 2022 2:10 PM Motion
Notice - Outgoing - Brief Filed (Appellant Opening) Nov 10, 2022 10:34 AM Notice - Outgoing
Brief - Appellant's Opening Nov 9, 2022 2:40 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until November 21, 2022 to file the opening brief Oct 12, 2022 10:15 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 12, 2022 9:31 AM Motion
Order - Appellant is granted an extension of time to and including October 21, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 12, 2022 10:40 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 12, 2022 9:22 AM Motion
Notice - Outgoing - Exhibits Filed Aug 22, 2022 2:59 PM Notice - Outgoing
Record - Exhibits Filed - 1 mailing envelope with 4 CD's Aug 22, 2022 2:58 PM Record
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 21, 2022, within which to prepare, file, and serve Appellant's opening brief Aug 12, 2022 2:52 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 12, 2022 9:39 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/22/22 to file the opening brief Jul 13, 2022 11:45 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 13, 2022 10:46 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 20, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 13, 2022 2:31 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 13, 2022 11:06 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including June 20, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 13, 2022 3:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 13, 2022 10:59 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 20, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 14, 2022 2:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Apr 14, 2022 12:05 PM Motion
Order - Appellant is granted an extension of time to and including April 20, 2022, within which to prepare, file, and serve Appellant's opening brief Mar 14, 2022 3:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Mar 14, 2022 2:55 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 21, 2022, within which to prepare, file, and serve Appellant's opening brief Feb 10, 2022 12:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 10, 2022 10:05 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 17, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 13, 2022 4:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jan 13, 2022 8:47 AM Motion
Extension - Appellant is given an extension of time until January 18, 2022, to prepare, file, and serve the Appellant's opening brief Dec 14, 2021 12:43 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) (Amended) Dec 14, 2021 10:57 AM Motion
Notice - Outgoing - Transcript Filed Nov 16, 2021 10:29 AM Transcript
Notice of Service of Transcript Nov 15, 2021 3:24 PM Notice
Electronic Transcript Filed of March 11, 2021 (Final Pre-Trial); March 12, 15, 16 and 17, 2021 (Jury Trial) and July 7, 2021 (Sentencing) hearings Nov 15, 2021 2:41 PM Other
Rulings - Other Courts - IT IS HEREBY ORDERED that the affiant shall have until November 16, 2021, in which to transmit the record in this cause Sep 29, 2021 11:02 AM Ruling
Affidavit - Court Reporter Sep 23, 2021 1:05 PM Other
Notice - Outgoing - District Court Record Filed Sep 8, 2021 12:43 PM Record
Record - Missoula County District Court Record DC 19-353 consisting of electronically imaged documents numbered 1-70, and electronically imaged folders of exhibits and sealed documents with a Case Register Filed Sep 8, 2021 12:40 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 18, 2021 1:41 PM Notice - Incoming
Notice - Incoming - Appearance of Appellate Defender, Chad Wright, Appellate Defender Division, as appointed counsel for the Appellant named above for purposes of this appeal Aug 18, 2021 10:22 AM Notice - Incoming
Order - the motion to withdraw is GRANTED; ADD is appointment to represent the Appellant and is given 30 days to file a notice of appearance or a motion to rescind the appointment Jul 30, 2021 4:23 PM Order - Other
Motion - Unopposed - Withdrawal of Counsel Jul 30, 2021 10:07 AM Motion
Notice - Incoming - Amended Notice of Appeal Filed Jul 30, 2021 9:58 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Jul 30, 2021 9:34 AM Notice - Outgoing
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal Jul 30, 2021 9:32 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 30, 2021 9:02 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Jul 30, 2021 9:02 AM Fees