State v. J. Polak II

DA 20-0044 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0044
Type Direct Appeal — Homicide-Deliberate
Classification Criminal
Outcome Affirmed
Lower court case DC-15-456
Lower court judge Hon. Rod E. Souza

Key dates

Closed Dec 16, 2021
Classified Oct 20, 2021
Appeal filed Jan 16, 2020
Record filed Feb 5, 2020
Briefing ended Sep 27, 2021
Opinion issued Nov 30, 2021
Briefing started Feb 25, 2021
Transcript filed Feb 25, 2021
Sent to the court Oct 4, 2021
Submitted for decision Oct 4, 2021
Appellant Reply Brief Filed Sep 27, 2021
Appellant Opening Brief Filed Mar 5, 2021
Appellee Response Brief Filed Jun 10, 2021

Calculated

from the docket dates
Appeal filed to briefing start 406
Briefing days 214
Briefing start to opening brief filed 8
Classified to Opinion 41
Close of briefing to sent to court 6
Filing date to Opinion 684
Filing date to closed 700
Opening to response 96
Opinion to closed 15
Response to reply 109
Sent to court to classified 16
Submitted for decision to Opinion 57

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Scott D. Twito
Appellant
Joseph Richard Polak II
Represented by Penelope S. Strong

Opinion

State v. J. Polak II, 2021 MT 307

Affirmed on November 30, 2021, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 3, 2022 1:48 PM Record
Record - DC Record Returned to District Court (Exhibits only - record electronic) Dec 16, 2021 9:34 AM Record
Event - Case Closed Dec 16, 2021 9:34 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 16, 2021 9:16 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 16, 2021 9:15 AM Closing Notice
Opinion - Published - Justice Gusfafson, affirmed Nov 30, 2021 2:39 PM Opinion
Order - Classified - Five Justice Panel Oct 20, 2021 10:44 AM Classifying Notice
Event - Case Sent to Court Oct 4, 2021 10:23 AM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant Reply Sep 28, 2021 11:26 AM Notice - Outgoing
Brief - Appellant Reply Sep 27, 2021 5:00 PM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including September 27, 2021, within which to prepare, file, and serve Appellant's Reply Brief. No further extensions will be granted Sep 21, 2021 4:51 PM Order - Extension
Motion - Unopposed - Extension of Time - File Reply Brief Sep 21, 2021 4:22 PM Motion
Order - Grant - Extension of Time - Appellant counsel has until September 23, 2021, within which to file the reply brief in Sep 9, 2021 2:36 PM Order - Extension
Motion - Unopposed - Extension of Time - Reply Brief Sep 8, 2021 3:38 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 9, 2021, within which to prepare, file, and serve Appellant's Reply to Response Brief of Appellee Aug 9, 2021 2:16 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief Aug 9, 2021 8:00 AM Motion
Order - Appellant is granted an extension of time to and including August 9, 2021, within which to prepare, file, and serve Appellant's Reply to Response Brief of Appellee. No further extensions will be granted Jun 21, 2021 5:53 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant Reply Brief Jun 21, 2021 3:31 PM Motion
Notice - Outgoing - Brief Filed - Appellee Jun 10, 2021 2:51 PM Notice - Outgoing
Brief - Appellee's Response Jun 10, 2021 11:47 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including June 3, 2021, within which to prepare, serve, and file its response brief Apr 26, 2021 3:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 23, 2021 12:01 PM Motion
Extension - Grant of Extension - Appellee is given until May 4, 2021 to file the response brief Apr 1, 2021 10:44 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellee Response) Apr 1, 2021 8:00 AM Motion
Notice - Outgoing - Appellant's Brief Filed Mar 5, 2021 4:50 PM Notice - Outgoing
Brief - Appellant's Opening Mar 5, 2021 2:33 PM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Feb 25, 2021 12:19 PM Transcript
Record - (1) volume electronically imaged Transcript in Yellowstone County District Court Cause No. DC 15-456 dated 4/4/19 Filed Feb 25, 2021 12:03 PM Record
Order - Appellant is granted an extension of time to and including March 3, 2021, within which to prepare, file, and serve Appellant's opening brief Jan 14, 2021 4:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 14, 2021 12:41 PM Motion
Order - Grant - Extension of Time Appellant is granted an extension of time to and including January 18, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2020 4:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 12, 2020 3:39 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 11/16/20 to file the opening brief Sep 4, 2020 3:59 PM Order - Extension
Motion - Extension of Time - Brief (Appellate Opening) Sep 3, 2020 12:38 PM Motion
Notice - Incoming - Appearance of Penelope S. Strong, replacing Chad Wright, Office of State Public Defender, Appellate Defender Division Sep 1, 2020 11:06 AM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted until September 16, 2020 to file the opening brief Aug 11, 2020 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 10, 2020 2:20 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/17/20 to file the opening brief Jul 10, 2020 4:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 10, 2020 2:20 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/17/20 to file the opening brief Jun 11, 2020 3:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 11, 2020 8:00 AM Motion
Extension - Grant of Extension to June 17, 2020 to file Appellant's Brief May 19, 2020 3:16 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) May 18, 2020 9:39 AM Motion
Notice - Outgoing - Transcript Filed Apr 16, 2020 2:13 PM Transcript
Electronic Transcripts Filed of August 23, 2018; February 21, 2019; March 21, 2019; April 8-12, 2019; September 6, 2019; and November 21, 2019 hearings Apr 16, 2020 1:58 PM Other
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - until May 8, 2020 Mar 27, 2020 9:36 AM Ruling
Notice - Outgoing - Exhibits Filed Feb 26, 2020 10:38 AM Notice - Outgoing
Record - Exhibits Filed consisting of 4 manila envelopes Feb 26, 2020 10:37 AM Record
Notice - Incoming - Letter from Yellowstone Clerk of District Court regarding exhibits (sent via UPS 2/24/20) Feb 24, 2020 10:58 AM Notice - Incoming
Notice - Incoming - Transcripts Deemed Necessary Feb 13, 2020 1:26 PM Notice - Incoming
Notice - Incoming - Appearance - Chad Wright for Appellant Feb 12, 2020 1:00 PM Notice - Incoming
Notice - Outgoing - District Court Record Filed Feb 5, 2020 1:58 PM Record
Record - DC Record Filed - electronically transmitted documents 1-201 (exhibits to follow by regular mail) Feb 5, 2020 1:55 PM Record
Notice - Outgoing - Appeal Notice Jan 16, 2020 8:48 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 16, 2020 8:41 AM Notice - Incoming