State v. S. Andersen

DA 23-0340 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0340
Type Direct Appeal — Dangerous Drugs
Classification Criminal
Outcome Reversed
Lower court case DC-46-2022-1
Lower court judge Hon. David J. Cybulski

Key dates

Closed Jan 7, 2026
Classified Oct 8, 2025
Appeal filed Jun 20, 2023
Record filed Aug 16, 2023
Briefing ended Aug 20, 2025
Opinion issued Dec 18, 2025
Briefing started Oct 7, 2024
Transcript filed Oct 7, 2024
Sent to the court Aug 20, 2025
Submitted for decision Aug 20, 2025
Appellant Reply Brief Filed Aug 20, 2025
Appellant Opening Brief Filed Feb 28, 2025
Appellee Response Brief Filed Jul 8, 2025

Calculated

from the docket dates
Appeal filed to briefing start 475
Briefing days 316
Briefing start to opening brief filed 143
Classified to Opinion 71
Close of briefing to sent to court 0
Filing date to Opinion 912
Filing date to closed 932
Opening to response 129
Opinion to closed 19
Response to reply 43
Sent to court to classified 49
Submitted for decision to Opinion 120

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Brad Fjeldheim
Appellant
Shawn Thomas Andersen
Represented by Tammy Ann Hinderman

Opinion

State v. S. Andersen, 2025 MT 293

Reversed on December 18, 2025, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 26, 2026 2:32 PM Record
Record - DC Record Returned to District Court (EXHIBITS only) Jan 7, 2026 10:56 AM Record
Event - Case Closed Jan 7, 2026 10:55 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 7, 2026 10:52 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 7, 2026 10:50 AM Closing Notice
Opinion - Published - Justice Swanson - Reversed and Remanded Dec 18, 2025 3:11 PM Opinion
Order - Classified - Five Justice Panel Oct 8, 2025 10:43 AM Classifying Notice
Event - Case Sent to Court Aug 20, 2025 9:55 AM Classifying Notice
Notice - Outgoing - Brief Filed Aug 20, 2025 9:54 AM Notice - Outgoing
Brief - Appellant Reply Aug 20, 2025 9:10 AM Appellant Reply Brief
Order - Appellant is given an extension of time until August 21, 2025, to prepare, file, and serve the Appellant's reply brief Jul 21, 2025 1:13 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee Reply Jul 21, 2025 12:35 PM Motion
Notice - Outgoing - Brief Filed Jul 8, 2025 9:47 AM Notice - Outgoing
Brief - Appellee's Response Jul 8, 2025 8:01 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including July 14, 2025, within which to prepare, file, and serve appellee response brief Jun 17, 2025 2:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Jun 17, 2025 2:05 PM Motion
Order - Appellee is granted an extension of time to and including June 30, 2025, within which to prepare, file, and serve its response brief Apr 21, 2025 11:31 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Apr 21, 2025 10:23 AM Motion
Appellee is granted an extension of time to and including April 30, 2025, within which to prepare, file, and serve its response brief Mar 26, 2025 3:33 PM Other
Motion - Unopposed - Appellee's Motion for an Extension of Time - Brief (First Request 30 Days) Mar 26, 2025 11:20 AM Motion
Notice - Outgoing - Brief Filed Feb 28, 2025 1:33 PM Notice - Outgoing
Brief - Appellant's Opening Feb 28, 2025 12:28 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including March 5, 2025, within which to prepare, file, and serve Appellant's opening brief Jan 27, 2025 3:20 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 27, 2025 2:20 PM Motion
GRANT - Appellant is granted an extension of time to and including February 3, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 27, 2024 12:09 PM Other
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 27, 2024 8:46 AM Motion
Order - Appellant is granted an extension of time to and including January 3, 2025, within which to prepare, file, and serve Appellant's opening brief Oct 28, 2024 2:01 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 28, 2024 12:47 PM Motion
Amended Notice - Outgoing - Transcript Filed - Amended to Correct date Oct 7, 2024 1:30 PM Transcript
Notice - Outgoing - Transcript Filed Oct 7, 2024 1:27 PM Transcript
Record - Amended Electronic Transcript Filed for Cause No. DC-22-01 of 03/09/2023 hearing Oct 7, 2024 1:13 PM Record
Notice - Outgoing - Exhibits Filed Oct 7, 2024 10:28 AM Notice - Outgoing
Record - Exhibits Filed for Cause No. DC-22-1 consisting of one (1) large manila envelope Oct 7, 2024 10:27 AM Record
Order - Appellant is granted an extension of time to and including November 4, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 24, 2024 11:14 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 23, 2024 8:00 AM Motion
Order - Appellant is granted an extension of time to and including October 3, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 28, 2024 10:42 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 27, 2024 10:04 PM Motion
Order - Appellant is granted an extension of time to and including September 3, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 29, 2024 4:07 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 29, 2024 9:02 AM Motion
Order - Appellant is granted an extension of time to and including August 5, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 26, 2024 1:59 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 26, 2024 1:47 PM Motion
Order - Appellant is granted an extension of time to and including July 5, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal May 29, 2024 10:03 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 29, 2024 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including June 5, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 29, 2024 3:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - (OPENING) Apr 29, 2024 1:31 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 6, 2024, within which to prepare, file, and serve Appellant's opening brief Mar 26, 2024 5:49 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 26, 2024 11:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to April 5, 2024, to prepare, file, and serve Appellant's opening brief Mar 4, 2024 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 1, 2024 4:14 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to March 6, 2024, to prepare, file, and serve Appellant's opening brief Jan 30, 2024 9:24 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 29, 2024 5:36 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 5, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 29, 2023 2:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 29, 2023 10:19 AM Motion
Extension - Grant of Extension - Appellant is given an extension to January 5, 2024, to prepare, file, and serve the Appellant's opening brief Nov 29, 2023 1:23 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Nov 28, 2023 4:06 PM Motion
Notice - Outgoing - Electronic Transcript Filed - Cause # DC-22-01 - June 29, 2022, Status Conference; January 10, 2023, Status Hearing; March 9, 2023, Jury Trial; April 26, 2023, Sentencing Hearing Nov 6, 2023 2:56 PM Transcript
Record - Electronic Transcript Filed - Cause # DC-22-01 - June 29, 2022, Status Conference; January 10, 2023, Status Hearing; March 9, 2023, Jury Trial; April 26, 2023, Sentencing Hearing Nov 6, 2023 1:33 PM Record
Order - Grant - Appellant's motion for extension of time to produce transcripts by November 1, 2023 Oct 3, 2023 3:40 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Oct 3, 2023 12:24 PM Motion
Order - Grant - Extension of Time - Court Reporter Kimberly Kurtz is granted an extension of time to and including October 2, 2023, within which to prepare, file, and serve the transcripts requested on appeal Aug 31, 2023 4:43 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Aug 30, 2023 3:46 PM Motion
Notice - Outgoing - District Court Record Filed Aug 16, 2023 4:28 PM Record
DC Record Filed for Cause No. DC-26-2022-1 consisting of electronic documents 1-66 and Case Register Report Aug 16, 2023 4:25 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to August 31, 2023 Aug 16, 2023 4:13 PM Ruling
Notice - Incoming - Transcripts Deemed Necessary Jun 20, 2023 3:47 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jun 20, 2023 10:47 AM Notice - Outgoing
Notice of Appeal Filed Jun 20, 2023 10:18 AM Notice