State v. Donnie Sellers

DA 09-0605 ·Direct Appeal ·Criminal ·Closed
Docket DA 09-0605
Type Direct Appeal — Arson
Classification Criminal
Outcome Affirmed
Lower court case DC 08-113
Lower court judge Hon. Jeffrey H. Langton

Key dates

Closed Apr 22, 2011
Classified Mar 3, 2011
Appeal filed Nov 9, 2009
Record filed Dec 23, 2009
Oral argument Jul 19, 2010
Briefing ended Jan 20, 2011
Opinion issued Apr 5, 2011
Briefing started Jan 12, 2010
Transcript filed Jan 12, 2010
Sent to the court Jan 10, 2011
Submitted for decision Jul 19, 2010
Appellant Reply Brief Filed Jan 20, 2011
Appellant Opening Brief Filed Oct 20, 2010
Appellee Response Brief Filed Dec 20, 2010

Calculated

from the docket dates
Appeal filed to briefing start 64
Briefing days 373
Briefing start to opening brief filed 281
Classified to Opinion 33
Close of briefing to sent to court 9
Filing date to Opinion 512
Filing date to closed 529
Opening to response 60
Opinion to closed 16
Oral argument to Opinion 260
Response to reply 31
Sent to court to classified 51
Sent to court to oral argument 175
Submitted for decision to Opinion 84

Tags

Affirmed Case stayed Closed Five Justice Panel Non-cite opinion Oral Argument

Parties

Appellee
State of Montana
Represented by Steve Bullock

Opinion

State v. Donnie Sellers, 2011 MT 59N

Affirmed on April 5, 2011, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Returned to District Court Apr 25, 2011 11:24 AM Record
Event - Case Closed Apr 22, 2011 10:48 AM Closing Notice
Notice - Outgoing - Remittitur Issued Apr 22, 2011 10:46 AM Closing Notice
Opinion - Noncite/Memorandum - Wheat, affirmed Apr 5, 2011 1:16 PM Opinion
Order - Classified - Five Justice Panel Mar 3, 2011 12:23 PM Classifying Notice
Brief - Appellant Reply Jan 20, 2011 2:37 PM Appellant Reply Brief
Event - Case Sent to Court Jan 10, 2011 3:20 PM Classifying Notice
Brief - Appellee Dec 20, 2010 10:18 AM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 12/20/10 to file its brief Dec 1, 2010 2:17 PM Order - Extension
Event - Sent to Court-Pleading (motion for extension) Nov 30, 2010 2:17 PM Event
Motion - Opposed - Extension of Time - Brief (Appellee). held for objection Nov 16, 2010 11:30 AM Motion
Order - the motion to supplement the record is DENIED Oct 27, 2010 9:12 AM Order - Other
Brief - Appellant Oct 20, 2010 4:12 PM Appellant Opening Brief
Event - Sent to Court-Pleading (Motion to Supplement the Record) Oct 13, 2010 1:14 PM Event
Motion - Opposed - Supplement the Record (Appellant) Held for Objection Sep 30, 2010 1:06 PM Motion
Order - our Order granting Sellers motion did moot the conflict of interest issue, as all attorneys have been effectively removed. All remaining issues raised in the appeal remain to be resolved Sep 28, 2010 9:52 AM Order - Other
Order - Sellers' motions of 8/26/10 are DENIED. Sellers shall file his opening brief by 10/29/10 or this appeal will be subject to dismissal Sep 21, 2010 4:34 PM Order - Other
Notice - Incoming - of Supplemental Information. copies to Court Sep 20, 2010 10:59 AM Notice - Incoming
Event - Sent to Court-Pleadings Sep 8, 2010 4:28 PM Event
Motion - Motion For an Order on Grounds the Court has Overlooked in Removing OAD from this Cause. held for objection Aug 26, 2010 11:06 AM Motion
Motion - Motion For Clarification and Remedy on 5 Issues For Good Cause. held for objection Aug 26, 2010 10:52 AM Motion
Order - Grant (Motion to remove attorneys is GRANTED; motion to proceed pro se is GRANTED, stay of briefing schedule is VACATED; opening brief to be filed within 60 days of this Order) Aug 10, 2010 4:29 PM Order - Other
Event - Sent to Court-Pleading; motion to dismiss all attorneys Jul 29, 2010 3:53 PM Event
Motion to Immediately Dismiss All Attorneys and set aside oral argument. (held for objections) Jul 19, 2010 8:42 AM Motion
Notice - Incoming - Notice of Supplemental Information. copies to Court Jun 10, 2010 2:59 PM Notice - Incoming
Event - Sent to Court-Pleading (motion to remove all attorneys) Jun 10, 2010 2:58 PM Event
Motion - Opposed - Motion to Remove All State and Private Attorneys Assigned . . . held for response May 26, 2010 10:37 AM Motion
Event - Oral Argument Presented by Colin Stephens for Donnie Mack Sellers and Joslyn M. Hunt for the Appellant Defenders Office. Taken under advisement at 2:10 p.m Apr 21, 2010 3:50 PM Event
Notice - Incoming - Related Issues. Copies to Court Mar 25, 2010 11:56 AM Notice - Incoming
Order - Sellers' motion to remove Stephens is DENIED as moot. Oral argument is set for Wed., 4/21/10, 1:30 p.m., on the petition to remove the OAD as counsel in these appeals. Appellant is granted 25 minutes and OAD is granted 20 minutes Mar 24, 2010 2:10 PM Order - Other
Notice - Incoming - to Court and all Parties. copies to Court Mar 18, 2010 10:09 AM Notice - Incoming
Motion - to Remove Attorney Colin Stephens for limited purpose to remove OAD. copies to Court Mar 4, 2010 3:04 PM Motion
Response/Objection - Petition to Remove Office of the State Public Defender. copies to Court Feb 26, 2010 1:52 PM Response
Response/Objection - Petition- to Remove Office of State Public Defender. copies to Court Feb 22, 2010 3:42 PM Response
Order - Office of Appellate Defender is granted 20 days to file a response to the petition for removal of counsel. Briefing of the merits is STAYED pending further order Feb 3, 2010 1:56 PM Order - Other
Order - Grant - Extension of Time until March 10, 2010, to file Appellant's brief Feb 2, 2010 1:21 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's) Feb 1, 2010 11:45 AM Motion
Petition to remove Office of the State Public Defender. Copies to Court Jan 21, 2010 12:41 PM Petition
Notice - Incoming - Appearance (Colin Stephens) Jan 21, 2010 12:33 PM Notice - Incoming
Notice - Outgoing - Transcript Filed Jan 12, 2010 9:15 AM Transcript
Record - Transcript Filed (1 original condensed transcript containing many hearings beginning 8/27/08 through trial (6/12/09-6/18/09) and sentencing on 8/24/09 w/DVD) Jan 7, 2010 9:03 AM Record
Event - Sent to Court-Pleading (Motion for Removal and Appointment of Counsel. Notice Regarding) Jan 5, 2010 1:34 PM Event
Notice Regarding Appellant's Pro Se Petition to Remove Office of the State Public Defender Jan 4, 2010 1:32 PM Notice
Other - Note: Apellate Defender's office called to inform this office that 10 more transcripts are to be filed and are trying to contact the court reporter Dec 31, 2009 1:43 PM Other
Motion - Opposed - Removal and Appointment of Counsel. holding for objection Dec 29, 2009 10:26 AM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record until January 4, 2010 Dec 24, 2009 11:37 AM Ruling
Notice - Outgoing - District Court Record Filed Dec 23, 2009 3:27 PM Record
Record - DC Record/Exhibits/Transcript Filed (2 file folders; 2 env. of exhibits, 1 vol. condensed trans. with hearings from Sept. 5, 2008; and May 29, 2009) Dec 23, 2009 2:42 PM Record
Notice - Outgoing - Appeal Notice Nov 10, 2009 2:22 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 9, 2009 2:21 PM Notice - Incoming