State v. K. Hamm

DA 20-0166 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0166
Type Direct Appeal — Homicide-Deliberate
Classification Criminal
Outcome Affirmed
Lower court case ADC 18-176
Lower court judge Hon. Mike Menahan

Key dates

Closed Jul 14, 2022
Classified May 11, 2022
Appeal filed Mar 23, 2020
Record filed Aug 25, 2020
Briefing ended Apr 18, 2022
Opinion issued Jun 28, 2022
Briefing started Sep 3, 2020
Transcript filed Sep 3, 2020
Sent to the court Apr 19, 2022
Submitted for decision Apr 19, 2022
Appellant Reply Brief Filed Apr 18, 2022
Appellant Opening Brief Filed Nov 4, 2021
Appellee Response Brief Filed Mar 3, 2022

Calculated

from the docket dates
Appeal filed to briefing start 164
Briefing days 592
Briefing start to opening brief filed 427
Classified to Opinion 48
Close of briefing to sent to court 0
Filing date to Opinion 827
Filing date to closed 843
Opening to response 118
Opinion to closed 15
Response to reply 46
Sent to court to classified 21
Submitted for decision to Opinion 70

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Leo John Gallagher
Appellant
Kyle Alexander Hamm
Represented by Tammy Ann Hinderman

Opinion

State v. K. Hamm, 2022 MT 122N

Affirmed on June 28, 2022, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Aug 16, 2022 3:10 PM Record
Record - DC Record Returned to District Court - exhibits only; remaining record was electronic Jul 14, 2022 10:03 AM Record
Event - Case Closed Jul 14, 2022 10:02 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jul 14, 2022 10:00 AM Closing Notice
Opinion - Noncite/Memorandum: Justice McKinnon AFFIRMS Jun 28, 2022 3:12 PM Opinion
Order - Classified - Five Justice Panel May 11, 2022 11:24 AM Classifying Notice
Event - Case Sent to Court Apr 19, 2022 12:36 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Apr 19, 2022 12:34 PM Notice - Outgoing
Brief - Appellant Reply Apr 18, 2022 2:51 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until April 18, 2022, to prepare, file, and serve the Appellant's reply brief Mar 15, 2022 4:12 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Mar 15, 2022 1:00 PM Motion
Notice - Outgoing - Appellee's Brief Filed Mar 4, 2022 9:38 AM Notice - Outgoing
Brief - Appellee's Response Mar 3, 2022 11:54 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including March 4, 2022, within which to prepare, serve, and file its response brief Jan 25, 2022 10:07 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jan 25, 2022 9:25 AM Motion
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including February 2, 2022, within which to prepare, serve, and file its response brief Dec 21, 2021 1:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Dec 20, 2021 2:33 PM Motion
Extension - Grant of Extension - Appellee's motion for a 30-day extension of time, and good cause appearing therefor, Appellee is granted an extension of time to and including January 3, 2022, within which to prepare, serve, and file its response brief Dec 3, 2021 4:08 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Dec 2, 2021 4:26 PM Motion
Notice - Outgoing - Brief Filed - Appellant's Opening Nov 5, 2021 9:58 AM Notice - Outgoing
Brief - Appellant's Opening Nov 4, 2021 3:39 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 8, 2021, within which to prepare, file, and serve Appellant's opening brief Sep 30, 2021 4:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 30, 2021 9:12 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 7, 2021, within which to prepare, file, and serve Appellant's opening brief Aug 31, 2021 4:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 31, 2021 9:22 AM Motion
Notice - Outgoing - Additional District Court Documents Jul 23, 2021 8:42 AM Notice - Outgoing
Record - Additional Supplemental Records - Five Discs in Manila Envelope Jul 22, 2021 4:38 PM Record
Order - Other - Granting Supplementing the record Jul 22, 2021 4:32 PM Order - Other
Motion - Unopposed - Supplement the Record - sent to Court w/SC file Jul 22, 2021 1:21 PM Motion
Order - Appellant is granted an extension of time to and including September 7, 2021, within which to prepare, file, and serve Appellant's opening brief Jul 20, 2021 4:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 20, 2021 3:24 PM Motion
Order - Appellant is granted an extension of time to and including August 5, 2021, within which to prepare, file, and serve Appellant's opening brief Jun 29, 2021 3:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 29, 2021 9:43 AM Motion
Order - Appellant is granted an extension of time to and including July 6, 2021, within which to prepare, file, and serve Appellant's opening brief May 24, 2021 3:33 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 24, 2021 11:12 AM Motion
Order - Appellant is granted an extension of time to and including June 4, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 29, 2021 4:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 28, 2021 10:06 AM Motion
Order - Appellant is granted an extension of time to and including May 5, 2021, within which to prepare, file, and serve Appellant's opening brief Mar 30, 2021 4:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 30, 2021 9:04 AM Motion
Order - Grant - Extension of Time - Appellant is granted until April 5, 2021 to file the opening brief Feb 26, 2021 3:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 26, 2021 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until March 5, 2021 to file the opening brief Jan 28, 2021 1:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 28, 2021 11:00 AM Motion
Order - Appellant is granted an extension of time to and including February 3, 2021, within which to prepare, file, and serve Appellant's opening brief Dec 28, 2020 3:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 28, 2020 8:00 AM Motion
Order - Appellant is granted an extension of time to and including January 4, 2021, within which to prepare, file, and serve Appellant's opening brief Nov 27, 2020 4:25 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 27, 2020 2:32 PM Motion
Order - Grant - Extension of Time - Appellant is granted until December 4, 2020 to file the opening brief Oct 28, 2020 4:10 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 28, 2020 11:06 AM Motion
Extension - Grant of Extension - Appellant is given until 11/4/20 to file the opening brief Sep 28, 2020 2:37 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Sep 28, 2020 2:21 PM Motion
Notice - Outgoing - Transcript Filed Sep 3, 2020 2:10 PM Transcript
Electronic Transcripts Filed of July 24, 2019 (Final Pretrial); September 27 & 30, 2019; October 1-3 & 7, 2019 (Jury Trial); and January 13, 2020 (Sentencing) hearings Sep 3, 2020 12:40 PM Other
Notice - Outgoing - Exhibits Filed Aug 25, 2020 11:58 AM Notice - Outgoing
Record - Exhibits Filed: one box approx. 10 x 14 inches containing 21 objects/documents and one large manila envelope Aug 25, 2020 11:55 AM Record
Notice - Outgoing - District Court Record Filed Aug 25, 2020 10:05 AM Record
Record - Lewis & Clark County District Court Record ADC 18-176 consisting of electronically imaged documents numbered 1-217 with a Case Register Filed Aug 25, 2020 10:04 AM Record
Order - Grant - Extension of Time - Court Reporter Kendra A. Steppler is granted an extension until September 3, 2020 to file the transcripts requested on appeal Aug 20, 2020 4:30 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Aug 18, 2020 5:56 PM Motion
Order - Court Reporter Kendra A. Steppler is granted an extension of time to and including August 24, 2020, within which to prepare, file, and serve the transcripts Jun 22, 2020 3:25 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jun 22, 2020 2:09 PM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to June 23, 2020 May 4, 2020 1:16 PM Ruling
Notice - Incoming - Transcripts Deemed Necessary Mar 23, 2020 3:51 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Mar 23, 2020 3:10 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Mar 23, 2020 3:00 PM Notice - Incoming