Foston v. State

DA 10-0272 ·Direct Appeal ·Civil ·Closed
Docket DA 10-0272
Type Direct Appeal — Postconviction
Classification Civil
Outcome Affirmed
Lower court case DV 10-525
Lower court judge Hon. Robert L. Deschamps

Key dates

Closed Jan 25, 2011
Classified Dec 8, 2010
Appeal filed Jun 8, 2010
Record filed Jul 20, 2010
Briefing ended Nov 4, 2010
Opinion issued Dec 28, 2010
Briefing started Jul 20, 2010
Rehearing denied Jan 25, 2011
Sent to the court Nov 3, 2010
Rehearing requested Jan 4, 2011
Submitted for decision Nov 3, 2010
Appellant Reply Brief Filed Nov 4, 2010
Appellant Opening Brief Filed Aug 19, 2010
Appellee Response Brief Filed Oct 15, 2010

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 106
Briefing start to opening brief filed 29
Classified to Opinion 20
Close of briefing to sent to court 0
Filing date to Opinion 203
Filing date to closed 231
Opening to response 56
Opinion to closed 28
Response to reply 19
Sent to court to classified 34
Submitted for decision to Opinion 55

Tags

Affirmed Closed Five Justice Panel Published opinion Rehearing denied Rehearing requested

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellant
Johnnie Lee Foston
Represented by Pro Se

Opinion

Foston v. State, 2010 MT 281

Affirmed on December 28, 2010, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Jan 25, 2011 3:49 PM Closing Notice
Record - DC Record Returned to District Court Jan 25, 2011 3:48 PM Record
Notice - Outgoing - Remittitur Issued Jan 25, 2011 3:46 PM Closing Notice
Order - Deny-Petition for Rehearing Jan 25, 2011 3:43 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleadings; Petition for rehearing and Objection to Petition for rehearing Jan 19, 2011 2:52 PM Event
Response/Objection - Rehearing. copies to Court Jan 19, 2011 2:47 PM Response
Petition - Rehearing. holding for objection Jan 4, 2011 10:28 AM Petition
Opinion - Published; Morris, affirmed Dec 28, 2010 3:39 PM Opinion
Order - Classified - Five Justice Panel Dec 8, 2010 12:10 PM Classifying Notice
Brief - Appellant Reply. copies to Court Nov 4, 2010 9:36 AM Appellant Reply Brief
Event - Case Sent to Court Nov 3, 2010 1:57 PM Classifying Notice
Brief - Appellee Oct 15, 2010 9:49 AM Appellee Response Brief
Order - Appellee is GRANTED an extension of time until 10/15/2010 to file brief Oct 1, 2010 3:20 PM Order - Extension
Event - Sent to Court-Pleading (Appellee Motion for an Extension of Time) Sep 30, 2010 9:09 AM Event
Motion - Opposed - Extension of Time - Brief (Appellee) holding for objection, if any Sep 14, 2010 3:31 PM Motion
Brief - Appellant Aug 19, 2010 11:00 AM Appellant Opening Brief
Notice - Outgoing - District Court Record Filed Jul 20, 2010 12:01 PM Record
Record - DC Record Filed (DV 10-525 consisting of (1) manila file folder and DC 07-205 consisting of (1) peach colored file folder) Jul 20, 2010 11:55 AM Record
Order - motion for appointment of counsel is DENIED Jul 13, 2010 10:50 AM Order - Other
Order - Grant-Proceed Without Pay Jul 1, 2010 1:38 PM Order - Proceed Without Pay
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal Jun 9, 2010 11:45 AM Notice - Outgoing
Notice - Outgoing - Appeal Notice Jun 9, 2010 11:42 AM Notice - Outgoing
Motion - Unopposed - Appointment of Counsel. Copies to Court Jun 8, 2010 11:39 AM Motion
Motion - Unopposed - Waiver of Filing Fee. Copy to Court Jun 8, 2010 11:37 AM Motion
Notice - Incoming - Notice of Appeal Filed Jun 8, 2010 11:09 AM Notice - Incoming