State v. Derek Bishop

DA 11-0325 ·Direct Appeal ·Criminal ·Closed
Docket DA 11-0325
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Affirmed
Lower court case DC 10-26
Lower court judge Hon. Blair Jones

Key dates

Closed Jan 2, 2013
Classified Feb 8, 2012
Appeal filed Jun 6, 2011
Record filed Aug 17, 2011
Oral argument Mar 21, 2012
Briefing ended Jan 31, 2012
Opinion issued Nov 13, 2012
Briefing started Aug 23, 2011
Rehearing denied Jan 2, 2013
Transcript filed Aug 23, 2011
Sent to the court Feb 2, 2012
Rehearing requested Dec 4, 2012
Submitted for decision Mar 21, 2012
Appellant Reply Brief Filed Jan 31, 2012
Appellant Opening Brief Filed Oct 24, 2011
Appellee Response Brief Filed Dec 23, 2011

Calculated

from the docket dates
Appeal filed to briefing start 78
Briefing days 160
Briefing start to opening brief filed 61
Classified to Opinion 279
Close of briefing to sent to court 2
Filing date to Opinion 526
Filing date to closed 576
Opening to response 60
Opinion to closed 50
Oral argument to Opinion 237
Response to reply 38
Sent to court to classified 6
Sent to court to oral argument 48
Submitted for decision to Opinion 285

Tags

Affirmed Closed En Banc Oral Argument Published opinion Rehearing denied Rehearing requested

Parties

Appellee
State of Montana
Represented by Jonathan Mark Krauss

Opinion

State v. Derek Bishop, 2012 MT 259

Affirmed on November 13, 2012, in a 5 to 2 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 8, 2013 9:44 AM Record
Service - Delivery Confirmation Receipt for return of the DC Record Jan 4, 2013 11:49 AM Service
Event - Case Closed Jan 2, 2013 4:32 PM Closing Notice
Record - DC Record Returned to District Court Jan 2, 2013 4:28 PM Record
Notice - Outgoing - Remittitur Issued Jan 2, 2013 4:15 PM Closing Notice
Order - Petition for Rehearing is DENIED Jan 2, 2013 4:06 PM Order - Petition for Rehearing Other
Event - Sent to Court-Pleading - Petition for Rehearing; Objection Dec 24, 2012 2:36 PM Event
Response/Objection - Rehearing (Attorney General) Dec 21, 2012 2:35 PM Response
Petition - Rehearing and Motion to Dismiss - holding for response Dec 20, 2012 10:18 AM Petition
Motion - Unopposed - Extension of Time and Enlargement of Text. (See Order dated 12/4/2012) Dec 4, 2012 3:53 PM Motion
Order - Motion for Removal of Counsel is GRANTED; the Clerk is directed to file the Motion for Extension; Bishop is GRANTED until 12/19/2012 to file petition for rehearing; request to exceed word limit is DENIED Dec 4, 2012 3:47 PM Order - Extension
Motion - Motion for Substitution of Counsel ("Motion For Removal of Counsel to Appear as Pro se"). copies to Court Nov 27, 2012 1:43 PM Motion
Opinion - Published - Morris, affirmed Nov 13, 2012 4:23 PM Opinion
Event - Oral Argument Presented by Joseph Howard for the appellant and Jonathan Krauss for the appellee. The matter was taken under advisement at 10:23a.m Mar 21, 2012 11:38 AM Event
Order - the motion for substitution of counsel is DENIED Mar 13, 2012 10:03 AM Order - Other
Motion - Opposed - Motion for Substitution of Counsel (sent to court because set for oral argument on the 21st of March) Mar 6, 2012 1:21 PM Motion
Notice - Outgoing - Oral Argument Scheduled Feb 8, 2012 12:26 PM Notice - Outgoing
Order - Classified - Oral Argument sitting en banc on 3/21/2012 @ 9:30 a.m Feb 8, 2012 12:23 PM Classifying Notice
Event - Case Sent to Court Feb 2, 2012 8:39 AM Classifying Notice
Brief - Appellant Reply Jan 31, 2012 8:37 AM Appellant Reply Brief
Extension - Grant of Extension - Appellant is given until 2/6/12 to file the reply brief Jan 5, 2012 1:55 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Jan 5, 2012 10:54 AM Motion
Brief - Appellee Dec 23, 2011 2:32 PM Appellee Response Brief
Extension - Appellee GRANT of Extension until 12/23/11 to file response brief Nov 22, 2011 9:49 AM Extension
Motion - Appellee Unopposed - 1st Extension of Time - Brief Nov 21, 2011 9:44 AM Motion
Brief - Appellant Oct 24, 2011 11:01 AM Appellant Opening Brief
Extension - Grant of Extension - Appellant is given until 10/24/11 to file the opening brief Sep 22, 2011 2:40 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) Sep 22, 2011 2:15 PM Motion
Notice - Incoming - Appearance for Appellant (Joseph P. Howard) Aug 25, 2011 11:11 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Aug 23, 2011 11:07 AM Transcript
Record - DC 10-26 Transcripts consisting of (1) volume transcript dated December 1, 2010; (1) volume transcript dated December 6, 7, 8, 2010; and (1) volume dated March 25, 2011 filed Aug 23, 2011 10:59 AM Record
Notice - Outgoing - District Court Record Filed Aug 17, 2011 3:51 PM Record
Record - DC Record Filed (2 red folders) Aug 17, 2011 3:51 PM Record
Notice - Outgoing - Appeal Notice Jun 7, 2011 9:24 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 6, 2011 9:23 AM Notice - Incoming