State v. D. Pein

DA 23-0406 ·Direct Appeal ·Criminal ·Open
Docket DA 23-0406
Type Direct Appeal — Assault on Peace Officer/Judicial Officer
Classification Criminal
Lower court case DC-2020-79

Key dates

Appeal filed Jul 26, 2023
Record filed Oct 16, 2023
Transcript filed Nov 15, 2024
Briefing started Nov 15, 2024
Appellant Opening Brief Filed Apr 3, 2025
Appellee Response Brief Filed Sep 26, 2025
Appellant Reply Brief Filed Oct 14, 2025
Briefing ended Oct 14, 2025
Sent to the court Oct 14, 2025
Submitted for decision Oct 14, 2025
Classified Dec 10, 2025

Calculated

from the docket dates
Appeal filed to briefing start 478
Briefing days 333
Briefing start to opening brief filed 138
Close of briefing to sent to court 0
Days awaiting a decision 321
Days since filed 1,133
Opening to response 176
Response to reply 17
Sent to court to classified 56

Tags

Five Justice Panel Open Request for Out of Time Appeal Granted Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Austin Miles Knudsen Kent M. Sipe Mardell Lynn Ployhar
Appellant
David Allen Pein
Represented by Tammy Ann Hinderman Rufus I. Peace

Events

most recent first
Order - Classified - Five Justice Panel Dec 10, 2025 12:23 PM Classifying Notice
Notice - Incoming - Attorney Substitution/Withdrawal - Mardell Ployhar in place of Tammy K. Plubell Oct 31, 2025 11:21 AM Notice - Incoming
Event - Case Sent to Court Oct 14, 2025 2:20 PM Classifying Notice
Notice - Outgoing - Brief Filed Oct 14, 2025 2:18 PM Notice - Outgoing
Brief - Appellant Reply Oct 14, 2025 10:45 AM Appellant Reply Brief
Notice - Outgoing - Appellee's Response Brief Filed Sep 26, 2025 4:52 PM Notice - Outgoing
Brief - Appellee's Response Sep 26, 2025 1:54 PM Appellee Response Brief
Amended Notice - Outgoing - Exhibits and Lodged Documents Filed Sep 24, 2025 11:30 AM Other
Notice - Outgoing - Exhibits and Lodged Documents Filed Sep 24, 2025 11:27 AM Notice - Outgoing
Record - Exhibits and Lodged Documents Filed for Cause No. DC-2020-79 consisting of six (6) large manila envelopes Sep 24, 2025 11:25 AM Record
Order - Appellee is granted an extension of time to and including September 30, 2025, within which to prepare, file, and serve its response brief Aug 21, 2025 10:48 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Aug 21, 2025 9:53 AM Motion
Order - Appellee is given an extension of time to and including August 31, 2025, within which to prepare, file, and serve its response brief Jul 21, 2025 2:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 21, 2025 1:47 PM Motion
Order - Appellee is granted an extension of time to and including August 1, 2025, within which to prepare, file, and serve its response brief Jun 24, 2025 9:26 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Jun 24, 2025 8:28 AM Motion
Order - Appellee is granted an extension of time to and including July 2, 2025, within which to prepare, file, and serve its response brief May 20, 2025 9:37 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief May 20, 2025 9:11 AM Motion
Extension - Appellee is granted an extension of time to and including June 2, 2025, within which to prepare, file, and serve the State's response brief Apr 28, 2025 4:06 PM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Apr 28, 2025 2:31 PM Motion
Notice - Outgoing - Brief Filed Apr 3, 2025 12:18 PM Notice - Outgoing
Brief - Appellant's Opening Apr 3, 2025 8:26 AM Appellant Opening Brief
Order - Appellant shall prepare, file, and serve the opening brief on appeal no later than April 2, 2025. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice Mar 12, 2025 9:11 AM Order - Other
Order - Appellant is granted an extension of time to and including February 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 22, 2025 8:33 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 22, 2025 8:00 AM Motion
Order - Appellant is granted an extension of time to and including January 20, 2025, within which to prepare, file, and serve Appellant's opening brief Dec 18, 2024 5:22 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 18, 2024 3:46 PM Motion
Notice - Outgoing - Transcript Filed Nov 15, 2024 8:47 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC-20-79 of 08/02/2022 hearing Nov 14, 2024 8:03 PM Record
Order - Appellant is granted an extension of time to and including December 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2024 5:09 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 13, 2024 3:29 PM Motion
Order - Appellant is granted an extension of time to and including December 20, 2024, within which to prepare, file, and serve Appellant's opening brief Nov 13, 2024 11:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Nov 13, 2024 9:38 AM Motion
Notice - Incoming - Appearance - Contract Counsel - Rufus Peace Oct 23, 2024 3:24 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including November 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 3, 2024 8:43 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 2, 2024 11:02 AM Motion
Order - Appellant shall prepare, file, and serve the opening brief on appeal no later than October 21, 2024. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice Sep 20, 2024 9:05 AM Order - Other
Order - Appellant is granted an extension of time to and including August 30, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 25, 2024 8:57 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 24, 2024 2:17 PM Motion
Order - Appellant is granted an extension of time to and including July 31, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 24, 2024 12:31 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 24, 2024 10:28 AM Motion
Order - Appellant is granted an extension of time to and including July 1, 2024, within which to prepare, file, and serve Appellant's opening brief May 23, 2024 1:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 23, 2024 10:22 AM Motion
Order - Appellant is granted an extension of time to and including May 31, 2024, within which to prepare, file, and serve Appellant's opening brief Apr 24, 2024 12:08 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Apr 23, 2024 5:47 PM Motion
Notice - Outgoing - Transcript Filed Mar 28, 2024 8:06 AM Transcript
Record - ELECTRONIC Transcript Filed: DC 20-79 - Notice of Filing & August 4, 2022 - Jury trial Mar 27, 2024 8:51 PM Transcript
Order - Appellant is granted an extension of time to and including May 1, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 26, 2024 11:41 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 26, 2024 8:19 AM Motion
Grant - Appellant is given an extension of time until March 30, 2024, to prepare, file, and serve the Appellant's opening brief Feb 23, 2024 3:10 PM Other
Motion - Unopposed - Appellant's Motion for an Extension of Time to File opening Brief (First Request 30 Days) Feb 23, 2024 10:53 AM Motion
Notice - Outgoing - Transcript Filed Jan 31, 2024 8:36 AM Transcript
Record - Electronic Transcripts Filed for Cause No. DC 2020-0079 consisting of proceedings dated: 5-14-2021; 3-7-2022; 8-2-2022; 8-3-2022, 8-4-2022, 8-5-2022 and 11-2-2022 Jan 30, 2024 10:26 PM Record
Order - Grant - Extension of Time - Court Reporter Deidre Taber is granted an extension to January 19, 2024, to prepare, file, and serve the transcripts requested on appeal Nov 20, 2023 3:50 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Nov 20, 2023 1:26 PM Motion
Rulings - Other Courts - Order to Dismiss Petition for Revocation w/o Prejudice Nov 16, 2023 10:26 AM Ruling
Notice - Outgoing - District Court Record Filed - Sent to Fergus County DC Oct 16, 2023 3:19 PM Record
Notice - Outgoing - District Court Record Filed Oct 13, 2023 12:23 PM Record
Record - DC Record File for Cause DC20-79 electronic records consisting of 1-185 and Case Register Oct 13, 2023 12:18 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - Appellant shall have 50 additional days in which to transmit the record in this case, or until November 29, 2023 Oct 13, 2023 11:26 AM Ruling
Notice - Outgoing - Transcript Filed Aug 31, 2023 2:25 PM Transcript
Record - Transcript Filed - August 2, 2021 Jury Verification Hearing; December 27, 2021 Jury Verification Hearing; March 11, 2022 Motion to Continue Trial Hearing Aug 31, 2023 2:14 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 30, 2023 3:39 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 30, 2023 3:28 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 30, 2023 1:27 PM Notice - Incoming
Order - Pein's petition for out of time appeal is GRANTED; the motion for appointment of counsel is GRANTED; ADD shall have 30 days to file a notice of appeal or a motion to rescind the appointment Aug 8, 2023 4:23 PM Order - Other
Event - Sent to Court-Pleading Jul 26, 2023 2:57 PM Event
Motion - Appointment of Counsel Jul 26, 2023 2:54 PM Motion
Petition - Out of Time Appeal Jul 26, 2023 2:52 PM Petition