State v. Aguado

DA 14-0487 ·Direct Appeal ·Criminal ·Closed
Docket DA 14-0487
Type Direct Appeal — Sexual Abuse of Children
Classification Criminal
Outcome Affirmed
Lower court case DC 12-23
Lower court judge Hon. Randal I. Spaulding

Key dates

Closed Mar 23, 2017
Classified Jan 18, 2017
Appeal filed Aug 4, 2014
Record filed Aug 25, 2014
Briefing ended Dec 6, 2016
Opinion issued Mar 7, 2017
Briefing started Dec 8, 2014
Transcript filed Dec 8, 2014
Sent to the court Dec 14, 2016
Submitted for decision Dec 14, 2016
Appellant Reply Brief Filed Dec 6, 2016
Appellant Opening Brief Filed Mar 29, 2016
Appellee Response Brief Filed Sep 26, 2016

Calculated

from the docket dates
Appeal filed to briefing start 126
Briefing days 729
Briefing start to opening brief filed 476
Classified to Opinion 48
Close of briefing to sent to court 7
Filing date to Opinion 946
Filing date to closed 962
Opening to response 181
Opinion to closed 15
Response to reply 71
Sent to court to classified 34
Submitted for decision to Opinion 83

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Denis Aguado
Represented by Colin M. Stephens

Opinion

State v. Aguado, 2017 MT 54

Affirmed on March 7, 2017, in a 4 to 0 with 1 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Mar 30, 2017 11:07 AM Record
Record - DC Record Returned to District Court Mar 23, 2017 9:58 AM Record
Event - Case Closed Mar 23, 2017 9:57 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 23, 2017 9:36 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 23, 2017 9:32 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed Mar 7, 2017 4:02 PM Opinion
Order - Classified - Five Justice Panel Jan 18, 2017 10:18 AM Classifying Notice
Event - Case Sent to Court Dec 14, 2016 2:08 PM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant Reply) Dec 9, 2016 11:20 AM Notice - Outgoing
Brief - Appellant Reply Dec 6, 2016 3:38 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 12/9/16 to file the reply brief Nov 9, 2016 1:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Reply Brief Nov 9, 2016 8:00 AM Motion
Extension - Appellant is given an extension of time until November 9, 2016, to prepare, file, and serve the Appellant's reply brief Oct 11, 2016 4:46 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Oct 11, 2016 8:58 AM Motion
Notice - Outgoing - Brief Filed Sep 27, 2016 3:20 PM Notice - Outgoing
Brief - Appellee's Response Sep 26, 2016 3:07 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including September 26, 2016 within which to prepare, serve, and file its response brief Aug 19, 2016 10:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Aug 18, 2016 3:20 PM Motion
Notice - Outgoing - Exhibits Filed Aug 11, 2016 11:04 AM Notice - Outgoing
Record - Exhibits Filed - 1 envelope with State's Exhibits 1, 2, 3, and 5 and Defendant's Exhibits A and C Aug 11, 2016 11:00 AM Record
Order - Appellee is granted an extension of time to and including August 25, 2016 within which to prepare, serve, and file its response brief Jul 20, 2016 12:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's brief Jul 19, 2016 12:02 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 7/26/16 to file the response brief May 18, 2016 1:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief May 18, 2016 8:19 AM Motion
Extension - Appellee is granted an extension of time to and including May 27, 2016, within which to prepare, serve, and file its response brief Apr 29, 2016 2:14 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 28, 2016 4:45 PM Motion
Notice - Outgoing - Brief Filed Mar 30, 2016 9:33 AM Notice - Outgoing
Brief - Appellant's Opening Re-filed Mar 29, 2016 9:21 AM Appellant Opening Brief
Order - Deficiencies-Brief Appellant is directed to submit a revised opening brief that includes a summary of the argument in compliance with referenced Rule; brief shall be electronically filed within ten (10) days; that subsequent briefing shall run from the date of filing of the revised brief Mar 28, 2016 4:09 PM Order - Deficiency
Brief - Appellant's Opening Mar 25, 2016 6:10 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 3/22/16 to file the opening brief Mar 7, 2016 11:27 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Mar 7, 2016 10:42 AM Motion
Order - Appellant is granted an extension of time to and including March 8, 2016, within which to prepare, file, and serve Appellant's Brief Feb 8, 2016 1:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 8, 2016 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/8/16 to file the opening brief Jan 7, 2016 11:24 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief Jan 7, 2016 10:34 AM Motion
Order - Appellant is granted an extension of time to and including January 8, 2016, within which to prepare, file, and serve its opening brief Oct 16, 2015 11:57 AM Order - Extension
Notice - Incoming - Attorney Substitution - Colin Stephens for Eileen Larkin Oct 15, 2015 11:26 AM Notice - Incoming
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 15, 2015 11:20 AM Motion
Order - Appellant is granted an extension of time to and including November 9, 2015, within which to prepare, file, and serve its opening brief Sep 1, 2015 11:38 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Sep 1, 2015 9:46 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/5/15 to file the opening brief Jun 30, 2015 12:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 30, 2015 8:49 AM Motion
Order - Appellant is granted an extension of time to and including July 7, 2015, within which to prepare, file, and serve its opening brief Apr 28, 2015 5:21 PM Order - Extension
Motion - Unopposed - Appellant Motion and Affidavit for Second or Subsequent Extension to file opening brief Apr 28, 2015 10:55 AM Motion
Order - Appellant is granted an extension of time to and including May 8, 2015, within which to prepare, file, and serve its opening brief on appeal Mar 3, 2015 9:29 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 2, 2015 1:59 PM Motion
Notice - Incoming - Appearance - Eileen Larkin for Appellant Feb 9, 2015 2:45 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including March 9, 2015, within which to prepare, file, and serve its opening brief Feb 2, 2015 1:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 30, 2015 2:05 PM Motion
Extension - Appellant is given an extension of time until February 6, 2015, to prepare, file, and serve the Appellant's opening brief Jan 5, 2015 9:50 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Dec 31, 2014 3:20 PM Motion
Notice - Outgoing - Transcript Filed Dec 8, 2014 11:25 AM Transcript
Record - condensed Transcript w/DVD of October 16, 2012 hearing Dec 8, 2014 11:23 AM Record
Notice - Outgoing - Transcript Filed Nov 28, 2014 11:42 AM Transcript
Record - Transcript Filed - 4 original condensed transcripts w/ DVD of 4/2/14, 4/3/14, 4/4/14 trial and 5/28/14 sentencing hearing Nov 28, 2014 10:49 AM Record
Notice - Outgoing - Transcript Filed Nov 26, 2014 2:55 PM Transcript
Record - condensed Transcript w/DVD of December 17, 2013 hearing Nov 26, 2014 2:46 PM Record
Notice - Outgoing - Transcript Filed Nov 12, 2014 10:56 AM Transcript
Record - Transcript Filed - 2 original condensed transcripts w/DVD of 1/10/13, 5/23/13, 8/29/13, 2/7/14 and 3/20/14 hearings and 9/9/13 through 9/13/13 trial Nov 12, 2014 10:53 AM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until 11/3/2014 (Leyendecker) Oct 6, 2014 2:58 PM Ruling
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until 11/3/2014 (Fortune) Oct 6, 2014 2:55 PM Ruling
Notice - Outgoing - Transcript Filed Sep 26, 2014 10:14 AM Transcript
Record - (1) volume Transcript Stillwater DC proceeding DC 12-23 dated 11/18/13 Filed Sep 26, 2014 10:12 AM Record
Notice - Outgoing - District Court Record Filed Aug 25, 2014 10:59 AM Record
Record - DC Record Filed - 4 file folders Aug 25, 2014 10:58 AM Record
Notice - Outgoing - Appeal Notice Aug 4, 2014 4:43 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 4, 2014 4:37 PM Notice - Incoming