State v. Prado

DA 24-0251 ·Direct Appeal ·Criminal ·Closed
Docket DA 24-0251
Type Direct Appeal — Homicide-Attempted
Classification Criminal
Outcome Affirmed
Lower court case DC 23-35
Lower court judge Hon. Jennifer B. Lint

Key dates

Closed Dec 1, 2025
Classified Oct 8, 2025
Appeal filed Apr 23, 2024
Record filed May 23, 2024
Briefing ended Aug 14, 2025
Opinion issued Nov 12, 2025
Briefing started May 23, 2024
Transcript filed May 14, 2024
Sent to the court Aug 15, 2025
Submitted for decision Aug 15, 2025
Appellant Reply Brief Filed Aug 14, 2025
Appellant Opening Brief Filed May 15, 2025
Appellee Response Brief Filed Jul 11, 2025

Calculated

from the docket dates
Appeal filed to briefing start 30
Briefing days 447
Briefing start to opening brief filed 356
Classified to Opinion 35
Close of briefing to sent to court 1
Filing date to Opinion 568
Filing date to closed 587
Opening to response 57
Opinion to closed 18
Response to reply 33
Sent to court to classified 54
Submitted for decision to Opinion 89

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by William E. Fulbright
Appellant
Frankie Samuel Prado
Represented by Tammy Ann Hinderman

Opinion

State v. Prado, 2025 MT 262N

Affirmed on November 12, 2025, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Dec 8, 2025 1:56 PM Record
Record - DC Record Returned to District Court Dec 1, 2025 10:00 AM Record
Event - Case Closed Dec 1, 2025 10:00 AM Closing Notice
Notice - Outgoing - Remittitur Issued Dec 1, 2025 9:56 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Bidegaray - Affirmed Nov 12, 2025 4:06 PM Opinion
Order - Classified - Five Justice Panel Oct 8, 2025 10:42 AM Classifying Notice
Event - Case Sent to Court Aug 15, 2025 8:16 AM Classifying Notice
Notice - Outgoing - Brief Filed Aug 15, 2025 8:15 AM Notice - Outgoing
Brief - Appellant Reply Aug 13, 2025 7:16 PM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including August 25, 2025 within which to prepare, file, and serve the Appellant's Reply to the Appellee's Response. No further extensions will be granted Jul 11, 2025 2:55 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Jul 11, 2025 2:05 PM Motion
Notice - Outgoing - Appellee's Brief Filed Jul 11, 2025 1:36 PM Notice - Outgoing
Brief - Appellee's Response Jul 11, 2025 11:12 AM Appellee Response Brief
Grant - Appellee is granted an extension of time to and including July 14, 2025, within which to prepare, file, and serve the State's response brief Jun 6, 2025 9:46 AM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellees' Response Brief Jun 5, 2025 2:16 PM Motion
Notice - Outgoing - Brief Filed May 15, 2025 9:54 AM Notice - Outgoing
Brief - Appellant's Opening May 14, 2025 7:25 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including May 24, 2025 within which to prepare, file, and serve Appellant's opening brief Apr 3, 2025 3:40 PM Order - Extension
Appellant's Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Apr 3, 2025 1:55 PM Other
Notice of Appearance - Contract Counsel, James Siegman, for the Appellant F. Prado Feb 25, 2025 10:34 AM Notice
Notice - Outgoing - Additional District Court Documents Feb 20, 2025 11:26 AM Notice - Outgoing
Record - Additional Electronic DC Documents Filed for Cause No. DC 2023-0035 consisting of documents 88 thru 98 and an updated case register (Added to electronic folder) Feb 20, 2025 11:22 AM Record
Order - Appellant is granted an extension of time to and including April 25, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 18, 2025 2:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's opening brief Feb 18, 2025 11:04 AM Motion
Order - Appellant is granted an extension of time to and including February 24, 2025, within which to prepare, file, and serve Appellant's opening brief Jan 16, 2025 2:02 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 16, 2025 1:00 PM Motion
Order - Appellant is granted an extension of time to and including January 23, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 16, 2024 5:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 16, 2024 11:08 AM Motion
Order - Appellant is granted an extension of time to and including December 23, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2024 5:14 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 November 22, 2024, within which to prepare, file, and serve Appellant's opening brief Oct 3, 2024 9:21 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 2, 2024 11:02 AM Motion
Order - Appellant is granted an extension of time to and including October 23, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 16, 2024 5:44 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Sep 16, 2024 4:48 PM Motion
Order - Appellant is granted an extension of time to and including September 23, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 16, 2024 6:22 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 16, 2024 1:10 PM Motion
Notice - Outgoing - Additional District Court Documents Jul 25, 2024 10:26 AM Notice - Outgoing
Record - Additional DC Documents Filed - Bail Hearing (placed in DC record) Jul 25, 2024 10:04 AM Record
Grant - Appellant is given an extension of time to and including August 23, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 18, 2024 12:15 PM Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 17, 2024 5:34 PM Motion
Extension - Appellant is given an extension of time until July 24, 2024, to prepare, file, and serve the Appellant's opening brief Jun 17, 2024 4:28 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Jun 17, 2024 8:59 AM Motion
Notice - Outgoing - Exhibits Filed May 28, 2024 2:30 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. DC-23-35 consisting of one (1) small manila envelope with 3 Discs of States exhibits May 28, 2024 2:28 PM Record
Notice - Outgoing - District Court Record Filed May 23, 2024 9:38 AM Record
Record - DC Record/Exhibits Filed for Cause DC 23-35 electronic records consisting of 1-82, Prado Exhibits, and Case Register May 23, 2024 9:36 AM Record
Notice - Outgoing - Transcript Filed May 14, 2024 9:55 AM Transcript
Record - Transcripts Filed for Cause DC 23-35 for; August 17, 2023, August 21-23, 2023, November 2, 2023 and January 29, 2024 hearings May 14, 2024 9:46 AM Record
Notice - Incoming - Transcripts Deemed Necessary Apr 23, 2024 9:53 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Apr 23, 2024 9:33 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Apr 23, 2024 9:18 AM Notice - Incoming