State v. S. Tracy

DA 21-0235 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0235
Type Direct Appeal — Theft
Classification Criminal
Outcome Affirmed
Lower court case DC 19-36
Lower court judge Hon. Nickolas C. Murnion

Key dates

Closed Nov 3, 2022
Classified Sep 21, 2022
Appeal filed May 15, 2021
Record filed Jun 21, 2021
Briefing ended Aug 15, 2022
Opinion issued Oct 18, 2022
Briefing started Jun 21, 2021
Transcript filed May 26, 2021
Sent to the court Aug 19, 2022
Submitted for decision Aug 19, 2022
Appellant Reply Brief Filed Aug 15, 2022
Appellant Opening Brief Filed Apr 18, 2022
Appellee Response Brief Filed Jul 20, 2022

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 420
Briefing start to opening brief filed 301
Classified to Opinion 27
Close of briefing to sent to court 3
Filing date to Opinion 521
Filing date to closed 537
Opening to response 92
Opinion to closed 15
Response to reply 26
Sent to court to classified 32
Submitted for decision to Opinion 60

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Mardell Lynn Ployhar
Appellant
Sheldon Patrick Tracy
Represented by Joseph Palmer Howard

Opinion

State v. S. Tracy, 2022 MT 207N

Affirmed on October 18, 2022, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Nov 9, 2022 1:56 PM Record
Record - DC Record Returned to District Court Nov 3, 2022 9:45 AM Record
Event - Case Closed Nov 3, 2022 9:44 AM Closing Notice
Notice - Outgoing - Remittitur Issued Nov 3, 2022 9:41 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Gustafson, affirmed Oct 18, 2022 3:47 PM Opinion
Order - Classified - Five Justice Panel Sep 21, 2022 10:31 AM Classifying Notice
Event - Case Sent to Court Aug 19, 2022 2:31 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Aug 15, 2022 4:43 PM Notice - Outgoing
Brief - Appellant Reply Aug 15, 2022 2:55 PM Appellant Reply Brief
Order - Grant - Extension of Time Appellant is granted an extension of time to and including September 2, 2022, within which to prepare, file, and serve his reply brief on appeal Jul 25, 2022 4:39 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 25, 2022 3:53 PM Motion
Notice - Outgoing - Appellee's Brief Filed Jul 20, 2022 4:34 PM Notice - Outgoing
Brief - Appellee's Response Jul 20, 2022 10:23 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including August 17, 2022, within which to prepare, serve, and file its response brief Jul 11, 2022 10:24 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jul 11, 2022 8:24 AM Motion
Order - Grant - Extension of Time - Appellee is granted until July 18, 2022 to file the response brief Jun 9, 2022 1:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jun 9, 2022 10:18 AM Motion
Extension - Grant of Extension - Appellee's motion for a 30-day extension of time, and good cause appearing therefor, Appellee is granted an extension of time to and including June 17, 2022, within which to prepare, serve, and file its response brief May 16, 2022 2:46 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) May 16, 2022 2:17 PM Motion
Notice - Outgoing - Appellant's Brief Filed Apr 19, 2022 1:16 PM Notice - Outgoing
Brief - Appellant's Opening Apr 18, 2022 3:50 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 20, 2022, within which to prepare, file, and serve his opening brief on appeal Mar 14, 2022 4:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 14, 2022 3:04 PM Motion
Order - Grant - Extension of Time - Appellant is granted until March 21, 2022 to file the opening brief Feb 11, 2022 1:48 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 11, 2022 12:42 PM Motion
Notice - Incoming - Appearance: Contract Counsel for the Appellate Defender Division, Joseph Howard, P. O. Box 1928, Helena, MT 59624, as appointed counsel Jan 14, 2022 11:52 AM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 18, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 13, 2022 3:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jan 13, 2022 9:08 AM Motion
Order - Appellant is granted an extension of time to and including January 19, 2022, within which to prepare, file, and serve Appellant's opening brief Dec 14, 2021 9:53 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 13, 2021 3:20 PM Motion
Order - Appellant is granted an extension of time to and including December 20, 2021, within which to prepare, file, and serve Appellant's opening brief Nov 15, 2021 1:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 15, 2021 9:47 AM Motion
Order - Grant - Extension of Time - Appellant is granted until November 19, 2021 to file the opening brief Oct 14, 2021 11:54 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 13, 2021 5:52 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 20, 2021 within which to prepare, file, and serve Appellant's opening brief on appeal Sep 14, 2021 4:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extensionto file Appellant's Brief Sep 14, 2021 9:41 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 20, 2021 within which to prepare, file, and serve Appellant's opening brief Aug 16, 2021 4:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 16, 2021 8:00 AM Motion
Extension - Grant of Extension - Appellant is given an extension of time until August 20, 2021, to prepare, file, and serve the Appellant's opening brief Jul 22, 2021 11:45 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Jul 22, 2021 11:25 AM Motion
Notice - Outgoing - District Court Record Filed Jun 21, 2021 2:28 PM Record
Record - DC Record Filed - 1 red file folder and 5 envelopes Jun 21, 2021 2:25 PM Record
Notice - Outgoing - Transcript Filed May 26, 2021 8:47 AM Transcript
Record - (4) electronically imaged Transcripts in Rosebud County DC proceeding DC 19-36 dated 10/28/2020, 10/29-30/2020, 1/25/2021, & 2/22/2021 Filed May 26, 2021 8:30 AM Record
Notice - Incoming - Transcripts Deemed Necessary May 17, 2021 1:25 PM Notice - Incoming
Notice - Outgoing - Appeal Notice May 17, 2021 8:51 AM Notice - Outgoing
Notice of Appeal Filed May 17, 2021 8:00 AM Notice