State v. R. Hinman

DA 20-0197 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0197
Type Direct Appeal — Failure to Register as a Sex Offender
Classification Criminal
Outcome Reversed
Lower court case DC 19-142
Lower court judge Hon. Robert J. Whelan

Key dates

Closed Jun 30, 2023
Classified Mar 23, 2022
Appeal filed Apr 2, 2020
Record filed May 14, 2020
Oral argument Apr 8, 2022
Briefing ended Jan 10, 2022
Opinion issued Jun 14, 2023
Briefing started May 14, 2020
Transcript filed Apr 17, 2020
Sent to the court Jan 10, 2022
Submitted for decision Apr 8, 2022
Appellant Reply Brief Filed Jan 10, 2022
Appellant Opening Brief Filed Sep 15, 2021
Appellee Response Brief Filed Nov 30, 2021

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 605
Briefing start to opening brief filed 488
Classified to Opinion 448
Close of briefing to sent to court 0
Filing date to Opinion 1,168
Filing date to closed 1,184
Opening to response 76
Opinion to closed 15
Oral argument to Opinion 432
Response to reply 40
Sent to court to classified 71
Sent to court to oral argument 87
Submitted for decision to Opinion 519

Tags

Anders Motion Filed Closed En Banc Opinion synopsis issued Oral Argument Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Mardell Lynn Ployhar
Appellant
Richard D. Hinman
Represented by Kristina L. Neal

Opinion

State v. R. Hinman, 2023 MT 116

Reversed on June 14, 2023, in a 4 to 2 with 4 concurring published opinion.

Events

most recent first
Event - Case Closed - electronic record Jun 30, 2023 9:10 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 30, 2023 9:05 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 30, 2023 9:03 AM Closing Notice
Opinion - Synopsis of Opinion Jun 14, 2023 11:57 AM Synopsis
Opinion - Published - Justice McKinnon, reversed Jun 14, 2023 11:47 AM Opinion
Event - Sent to Court-Pleading Apr 5, 2023 2:05 PM Event
Notice - Incoming - Supplemental Authority Apr 5, 2023 1:56 PM Notice - Incoming
Event - Oral Argument Presented - Kristina Neal argued for the Appellant, Mardell Ployhar argued for the Appellee. The matter was taken under advisement at 10:43 a.m Apr 8, 2022 10:57 AM Event
Order - Oral Argument - Amending Schedule Pursuant to our Order of February 23, 2022, this cause is classified for oral argument before the Court sitting en banc and is hereby set for argument on Friday, April 8, 2022, at 9:30 a.m. The Court has determined that the argument will be held in person in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana Mar 23, 2022 11:01 AM Classifying Notice
Notice acknowledging receipt of Oral Argument Classification Order (Neal) Feb 24, 2022 11:06 AM Notice
Notice acknowledging receipt of Oral Argument Classification Order (Ployhar) Feb 24, 2022 9:37 AM Notice
Notice - Outgoing - Oral Argument Scheduled Feb 23, 2022 5:02 PM Notice - Outgoing
Order - Oral Argument - Amending Schedule This cause is classified for oral argument before the Court sitting en banc and is hereby set for argument on Friday, April 8, 2022, at 9:30 a.m. The Court will determine at a later date whether the argument will be held via Zoom or in the Courtroom of the Montana Supreme Court. Oral argument times in this cause number shall be forty (40) minutes for the Appellant and thirty (30) minutes for the Appellee Feb 23, 2022 4:50 PM Classifying Notice
Event - Case Sent to Court Jan 10, 2022 2:15 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jan 10, 2022 2:13 PM Notice - Outgoing
Brief - Appellant Reply Jan 10, 2022 11:46 AM Appellant Reply Brief
Order - Appellant is given an extension of time until January 13, 2022, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Dec 13, 2021 12:32 PM Order - Extension
Motion - Unopposed - Extension of Time - to file Appellant's Reply Brief (First Request 30 Days) Dec 13, 2021 9:53 AM Motion
Notice - Outgoing - Brief Filed (Response) Dec 1, 2021 11:07 AM Notice - Outgoing
Brief - Appellee's Response Nov 30, 2021 4:14 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including December 15, 2021, within which to prepare, serve, and file its response brief Nov 12, 2021 3:00 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellee, State of Montana, respectfully requests a 30-day extension of time until December 15, 2021, in which to prepare, serve, and file its response Nov 8, 2021 1:21 PM Motion
Extension - Grant of Extension - Appellee is given until November 15, 2021 to file the response brief Oct 14, 2021 2:17 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Oct 14, 2021 8:51 AM Motion
Notice - Outgoing - Brief Filed (Appellant's) Sep 16, 2021 2:18 PM Notice - Outgoing
Brief - Appellant's Opening Sep 15, 2021 8:11 AM Appellant Opening Brief
Order - counsel's motion to withdraw is DENIED; the opening brief is due within 30 days Aug 17, 2021 1:33 PM Order - Other
Event - Sent to Court-Pleading Aug 5, 2021 8:14 AM Event
Response/Objection - Anders Motion Aug 5, 2021 8:10 AM Response
Order - Respond to Anders Motion to Withdraw as Counsel Jul 12, 2021 12:56 PM Order - Other
Motion - Unopposed - Withdrawal of Counsel Jul 12, 2021 10:09 AM Motion
Brief - Anders-Withdrawal of Counsel Jul 12, 2021 10:09 AM Brief
Order - Grant - Extension of Time - Appellant is granted until July 13, 2021 to file the opening brief May 7, 2021 2:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 7, 2021 11:09 AM Motion
Order - Grant - Extension of Time - Appellant is granted until May 14, 2021 to file the opening brief Apr 8, 2021 10:15 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 7, 2021 1:13 PM Motion
Order - Appellant is granted an extension of time to and including April 14, 2021, within which to prepare, file, and serve Appellant's opening brief Mar 5, 2021 4:33 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 4, 2021 8:52 PM Motion
Order - Grant - Extension of Time - Appellant is granted until March 15, 2021 to file the opening brief Feb 5, 2021 3:17 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 5, 2021 10:27 AM Motion
Order - Appellant is granted an extension of time to and including February 12, 2021, within which to prepare, file, and serve Appellant's opening brief Jan 5, 2021 3:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jan 5, 2021 2:27 PM Motion
Order - Appellant is granted an extension of time to and including January 13, 2021, within which to prepare, file, and serve Appellant's opening brief Dec 7, 2020 4:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 7, 2020 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until December 14, 2020 to file the opening brief Nov 6, 2020 2:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief, Nov 6, 2020 8:11 AM Motion
Order - Appellant is granted an extension of time to and including November 13, 2020, within which to prepare, file, and serve Appellant's opening brief Oct 7, 2020 4:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 7, 2020 10:33 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 10/14/20 to file the opening brief Sep 9, 2020 4:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's opening Brief Sep 8, 2020 2:28 PM Motion
Order - Grant - Extension of Time - Appellant is granted until September 14, 2020 to file the opening brief Aug 10, 2020 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 7, 2020 12:52 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/14/20 to file the opening brief Jul 9, 2020 4:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 9, 2020 10:02 AM Motion
Extension - Appellant is given an extension of time until July 15, 2020 to prepare, file, and serve the Appellant's opening brief Jun 11, 2020 9:08 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Jun 11, 2020 8:12 AM Motion
Notice - Outgoing - District Court Record Filed May 14, 2020 2:42 PM Record
Record - DC Record Filed - electronically transmitted documents 1-44 May 14, 2020 2:41 PM Record
Notice - Outgoing - Transcript Filed Apr 17, 2020 4:15 PM Transcript
Electronic Transcripts Filed of June 12, 2019; July 10, 2019; August 7, 2019; October 2, 2019; and February 12, 2020 hearings Apr 17, 2020 3:48 PM Other
Notice - Incoming - Transcripts Deemed Necessary Apr 2, 2020 3:21 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Apr 2, 2020 1:24 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Apr 2, 2020 1:12 PM Notice - Incoming