D. Burchill v. State

DA 22-0429 ·Direct Appeal ·Civil ·Closed
Docket DA 22-0429
Type Direct Appeal — Postconviction
Classification Civil
Outcome Affirmed
Lower court case DV-20-302(A)
Lower court judge Hon. Peter B. Ohman

Key dates

Closed Feb 22, 2024
Classified Nov 29, 2023
Appeal filed Aug 5, 2022
Record filed Oct 6, 2022
Briefing ended Aug 23, 2023
Opinion issued Feb 6, 2024
Briefing started Oct 7, 2022
Transcript filed Oct 7, 2022
Sent to the court Oct 30, 2023
Submitted for decision Oct 30, 2023
Appellant Reply Brief Filed Aug 23, 2023
Appellant Opening Brief Filed Mar 27, 2023
Appellee Response Brief Filed Jul 11, 2023

Calculated

from the docket dates
Appeal filed to briefing start 63
Briefing days 320
Briefing start to opening brief filed 171
Classified to Opinion 69
Close of briefing to sent to court 67
Filing date to Opinion 550
Filing date to closed 566
Opening to response 106
Opinion to closed 15
Response to reply 42
Sent to court to classified 30
Submitted for decision to Opinion 99

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Mardell Lynn Ployhar
Appellant
Duane Angelo Burchill
Represented by Joseph Palmer Howard

Opinion

D. Burchill v. State, 2024 MT 20

Affirmed on February 6, 2024, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Feb 22, 2024 9:39 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Feb 22, 2024 9:35 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 22, 2024 9:23 AM Closing Notice
Opinion - Published - Justice Baker - affirmed Feb 6, 2024 3:01 PM Opinion
Order - Classified - Five Justice Panel Nov 29, 2023 10:52 AM Classifying Notice
Event - Case Sent to Court Oct 30, 2023 10:34 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Oct 23, 2023 9:34 AM Notice - Outgoing
Brief - Appellant Reply Aug 23, 2023 10:47 AM Appellant Reply Brief
Notice - Incoming - Appearance - Joseph Howard for Appellant Aug 1, 2023 10:02 AM Notice - Incoming
Order - Grant - Extension of Time - Appellant is given an extension of time until August 24, 2023, to prepare, file, and serve the Appellant's reply brief Jul 24, 2023 1:46 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 24, 2023 12:10 PM Motion
Notice - Outgoing - Brief Filed - Appellee's Jul 12, 2023 8:50 AM Notice - Outgoing
Brief - Appellee's Response Jul 11, 2023 3:06 PM Appellee Response Brief
Notice - Incoming - Appearance Jun 22, 2023 2:08 PM Notice - Incoming
Notice - Incoming - Other - counsel will be suspended from practicing law for 30 days, commencing July 1, 2023. Undersigned counsel will resume practicing law July 31, 2023 Jun 20, 2023 12:07 PM Notice - Incoming
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including July 26, 2023, within which to prepare, serve, and file its response brief Jun 19, 2023 10:55 AM Order - Extension
Motion - Unopposed - Respondent and Appellee's Motion and Affidavit for Second or Subsequent Extension Jun 19, 2023 10:11 AM Motion
Order - Grant - Extension of Time - Appellee is granted until 6/26/23 to file the opening brief May 18, 2023 4:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief May 18, 2023 3:35 PM Motion
Extension - Appellee is granted an extension of time to and including May 26, 2023, within which to prepare, serve, and file its response brief Apr 25, 2023 11:13 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 24, 2023 10:25 AM Motion
Notice - Outgoing - Brief Filed - Appellant Opening Mar 28, 2023 9:16 AM Notice - Outgoing
Brief - Appellant's Opening Mar 27, 2023 2:44 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including April 6, 2023, within which to prepare, file, and serve his opening brief Feb 27, 2023 3:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 27, 2023 8:00 AM Motion
Order - Appellant is granted an extension of time to and including March 7, 2023, within which to prepare, file, and serve his opening brief Jan 30, 2023 9:52 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 30, 2023 8:00 AM Motion
Order - Appellant is granted an extension of time to and including February 5, 2023, within which to prepare, file, and serve his opening brief Dec 29, 2022 4:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 29, 2022 2:41 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/6/23 to file the opening brief Nov 30, 2022 3:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 30, 2022 3:04 PM Motion
Extension - Grant of Extension - Appellant is granted until 12/7/22 to file the opening brief Nov 3, 2022 2:55 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Nov 3, 2022 1:15 PM Motion
Notice - Outgoing - Transcript Filed Oct 7, 2022 10:18 AM Transcript
Record - Transcript Filed - transcripts transferred from DA 18-0193 Oct 7, 2022 10:14 AM Record
Order - The motion to supplement is granted with filing of transcript from DA 18-0193 Oct 7, 2022 9:52 AM Order - Other
Notice - Outgoing - District Court Record Filed Oct 6, 2022 4:29 PM Record
Motion - Unopposed - Supplement the Record Oct 6, 2022 4:23 PM Motion
Record - Gallatin County District Court Record Cause No. DC 16-0368 consisting of electronically imaged documents numbered 1-193 Filed Oct 6, 2022 4:19 PM Record
Notice - Incoming - Appearance - Joseph Howard, contract counsel for the Appellant Sep 19, 2022 9:45 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Sep 14, 2022 4:42 PM Record
DC Record Filed for Cause No. DV-20-302 consisting of electronic documents 1-63 and Case Register Report Sep 14, 2022 4:40 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 5, 2022 4:22 PM Notice - Incoming
Notice - Outgoing - Transcript Filed Aug 5, 2022 3:45 PM Transcript
Record - Transcript Filed - electronically transmitted transcript of 4/14/22 hearing Aug 5, 2022 1:38 PM Record
AMENDED Notice - Outgoing - Appeal Notice - to include caption Aug 5, 2022 11:54 AM Other
Notice - Outgoing - Appeal Notice Aug 5, 2022 10:06 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 5, 2022 9:34 AM Notice - Incoming