State v. R. Allery

DA 21-0308 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0308
Type Direct Appeal — Assault
Classification Criminal
Outcome Reversed
Lower court case CDC 17-479(D)
Lower court judge Hon. John W. Parker

Key dates

Closed Feb 9, 2023
Classified Dec 7, 2022
Appeal filed Jun 21, 2021
Record filed Jul 27, 2021
Opinion issued Feb 7, 2023
Briefing started Apr 27, 2022
Transcript filed Apr 27, 2022
Sent to the court Oct 27, 2022
Submitted for decision Oct 27, 2022
Appellant Opening Brief Filed Jun 14, 2022
Appellee Response Brief Filed Sep 14, 2022

Calculated

from the docket dates
Appeal filed to briefing start 310
Briefing start to opening brief filed 47
Classified to Opinion 62
Filing date to Opinion 596
Filing date to closed 598
Opening to response 92
Opinion to closed 2
Submitted for decision to Opinion 103

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Joshua A. Racki
Appellant
Robert Leroy James Allery
Represented by Michael Marchesini

Opinion

State v. R. Allery, 2023 MT 25

Reversed on February 7, 2023, in a 4 to 1 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 17, 2023 2:41 PM Record
Event - Case Closed Feb 9, 2023 4:30 PM Closing Notice
Record - DC Record Returned to District Court Feb 9, 2023 4:30 PM Record
Notice - Outgoing - Opinion Release Notice Issued Feb 9, 2023 4:20 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 9, 2023 4:19 PM Closing Notice
Order - Remittitur shall issue immediately Feb 9, 2023 3:00 PM Order - Other
Motion - Unopposed- Motion for Immediate Remittitur Feb 9, 2023 1:47 PM Motion
Notice - Outgoing - Corrections to Opinion Feb 8, 2023 1:19 PM Notice - Outgoing
Opinion - Published - Justice Baker, reversed Feb 7, 2023 3:12 PM Opinion
Order - Classified - Five Justice Panel Dec 7, 2022 10:29 AM Classifying Notice
Event - Case Sent to Court Oct 27, 2022 7:39 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Oct 27, 2022 7:28 AM Notice - Outgoing
Unredacted Brief - Appellant Reply Oct 26, 2022 3:11 PM Other
Redacted Brief - Appellant Reply Oct 26, 2022 3:11 PM Other
Order - Grant - Extension of Time - Appellant is granted until 10/28/22 to file the reply brief; no further extensions will be granted Sep 22, 2022 12:17 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Sep 22, 2022 9:53 AM Motion
Notice - Outgoing - Appellee's Brief Filed Sep 14, 2022 2:28 PM Notice - Outgoing
Brief - Appellee's Response Sep 14, 2022 12:10 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until September 19, 2022 to file the opening brief Sep 1, 2022 4:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Aug 31, 2022 4:05 PM Motion
Order - Appellee is granted an extension of time to and including September 12, 2022, within which to prepare, file, and serve the State's response brief Aug 3, 2022 3:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Aug 3, 2022 2:47 PM Motion
Extension - Grant of Extension - Appellee is granted an extension of time to and including August 13, 2022, within which to prepare, serve, and file the State's response brief Jul 11, 2022 11:18 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Jul 11, 2022 9:23 AM Motion
Notice - Outgoing - Appellant's Brief Filed Jun 15, 2022 7:35 AM Notice - Outgoing
Brief - Appellant's Opening (Un-redacted and Redacted) Jun 14, 2022 9:34 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including June 27, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 17, 2022 9:58 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 16, 2022 6:41 PM Motion
Notice - Outgoing - Transcript Filed Apr 27, 2022 10:58 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 1/23/20 hearing Apr 27, 2022 10:32 AM Record
Order - Appellant is granted an extension of time to and including May 27, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 13, 2022 10:56 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 13, 2022 10:19 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/27/22 to file the opening brief Mar 21, 2022 2:33 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Mar 21, 2022 12:13 PM Motion
Order - Grant - Extension of Time - Appellant is granted until March 28, 2022 to file the opening brief Feb 18, 2022 4:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 18, 2022 10:03 AM Motion
Order - Grant - Extension of Time: Appellant is granted an extension of time to and including February 25, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 19, 2022 4:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension: Appellate Defender Division (ADD), and respectfully requests an extension of time until February 25, 2022, in which to prepare, file, and serve the Appellant's opening brief Jan 19, 2022 1:10 PM Motion
Order - Appellant is granted an extension of time to and including January 26, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 14, 2021 5:31 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 14, 2021 11:57 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including December 27, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 24, 2021 11:47 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 23, 2021 8:39 AM Motion
Order - Grant - Extension of Time - t Appellant is granted an extension of time to and including November 26, 2021, within which to prepare, file, and serve Appellant's opening brief Oct 22, 2021 12:25 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 22, 2021 9:54 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 27, 2021, within which to prepare, file, and serve opening brief Sep 21, 2021 4:25 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate respectfully requests an extension of time until October 27, 2021, in which to prepare, file, and serve the opening brief Sep 21, 2021 1:05 PM Motion
Extension - Appellant is given an extension of time until September 27, 2021, to prepare, file, and serve the Appellant's opening brief Aug 24, 2021 1:24 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Aug 24, 2021 11:23 AM Motion
Notice - Outgoing - Exhibits Filed Aug 12, 2021 2:21 PM Notice - Outgoing
Record - Exhibits Filed consisting of one (1) 3-ring binder and 3 manila envelopes Aug 12, 2021 2:20 PM Record
Notice - Outgoing - District Court Record Filed Jul 27, 2021 1:02 PM Record
Record - DC Record Filed - 3 red file folders Jul 27, 2021 9:49 AM Record
Notice - Outgoing - Transcript Filed Jul 19, 2021 8:51 AM Transcript
Record - Electronic Transcripts Filed October 4, 2017; October 25, 2017; December 19, 2018; June 12, 2019; January 17, 2020; February 19, 2020; April 15, 2020; June 24, 2020; August 28, 2020; September 24, 2020; October 21, 2020; October 26, 2020; October 27, 2020; October 28, 2020; and February 11, 2021 hearings Jul 19, 2021 8:00 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jun 21, 2021 2:53 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jun 21, 2021 1:06 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 21, 2021 12:56 PM Notice - Incoming