State v. S. Dominguez, Jr

DA 22-0019 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0019
Type Direct Appeal — Incest
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC-2019-19
Lower court judge Hon. Yvonne Laird

Key dates

Closed Oct 17, 2024
Classified Jul 31, 2024
Appeal filed Jan 12, 2022
Record filed Mar 24, 2022
Briefing ended May 13, 2024
Opinion issued Oct 1, 2024
Briefing started Jan 12, 2024
Transcript filed Jan 12, 2024
Sent to the court May 14, 2024
Submitted for decision May 14, 2024
Appellant Reply Brief Filed May 13, 2024
Appellant Opening Brief Filed Mar 1, 2024
Appellee Response Brief Filed Apr 8, 2024

Calculated

from the docket dates
Appeal filed to briefing start 730
Briefing days 121
Briefing start to opening brief filed 48
Classified to Opinion 62
Close of briefing to sent to court 0
Filing date to Opinion 993
Filing date to closed 1,009
Opening to response 38
Opinion to closed 15
Response to reply 34
Sent to court to classified 78
Submitted for decision to Opinion 140

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Non-cite opinion Request for Out of Time Appeal Granted Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
Sacramento Juan Dominguez, Jr.
Represented by Chad M. Wright

Opinion

State v. S. Dominguez, Jr, 2024 MT 221N

Affirmed in part, reversed in part on October 1, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Oct 25, 2024 2:24 PM Record
Record - DC Record Returned to District Court Oct 17, 2024 8:29 AM Record
Event - Case Closed Oct 17, 2024 8:29 AM Closing Notice
Notice - Outgoing - Remittitur Issued Oct 17, 2024 8:27 AM Closing Notice
Opinion - Noncite/Memorandum - Justice McKinnon - AFFIRMED in part, REVERSED and REMANDED in part Oct 1, 2024 2:48 PM Opinion
Notice - Assistant Attorney General Tammy K Plubell as counsel for Appellee, State of Montana Jul 31, 2024 3:00 PM Notice
Order - Classified - Five Justice Panel Jul 31, 2024 10:31 AM Classifying Notice
Event - Case Sent to Court May 14, 2024 8:32 AM Classifying Notice
Notice - Outgoing - Brief Filed May 14, 2024 8:31 AM Notice - Outgoing
Brief - Appellant Reply May 13, 2024 3:01 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted to May 22, 2024, to prepare, file, and serve the Appellant's Reply Brief. No further extensions will be granted Apr 16, 2024 3:55 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Brief Apr 15, 2024 2:12 PM Motion
Notice - Outgoing - Brief Filed Apr 9, 2024 8:39 AM Notice - Outgoing
Brief - Appellee's Response Apr 8, 2024 4:25 PM Appellee Response Brief
Extension - Grant of Extension - Appellee is granted an extension of time to and including May 3, 2024, within which to prepare, file, and serve its response brief Mar 27, 2024 2:11 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Mar 27, 2024 12:18 PM Motion
Notice - Outgoing - Exhibits Filed Mar 4, 2024 2:56 PM Notice - Outgoing
Record - Exhibits Filed - color photos of State's Exhibits C-1, C-2, C-3, D and Exhibit 1 Mar 4, 2024 2:51 PM Record
Notice - Outgoing - Brief Filed - Appellant's Amended Opening Mar 4, 2024 11:05 AM Notice - Outgoing
Brief - Appellant's AMENDED Opening Brief Mar 1, 2024 3:13 PM Appellant Opening Brief
Order - Grant - IT IS HEREBY ORDERED that the Motion is granted: the record on appeal shall be supplemented by State's Exhibits C-1, C-2, C-3, and D, and Mr. Domiguez's Exhibit 1, all of which were admitted at Mr. Dominguez's trial in the district court. IT IS FURTHER ORDERED that the Appellant, Mr. Dominguez, shall have until March 4, 2024, to file an amended opening brief. The Appellee, State of Montana, shall have until April 3, 2024, to file its response brief Mar 1, 2024 2:31 PM Order - Other
Motion - Unopposed - Supplement the Record and Motion to file Amended Brief Mar 1, 2024 10:20 AM Motion
Notice - Outgoing - Brief Filed Feb 7, 2024 4:16 PM Notice - Outgoing
Response/Objection - Status Report Jan 16, 2024 10:11 AM Response
Notice - Outgoing - Transcript Filed Jan 12, 2024 4:45 PM Transcript
Record - CORRECTED Electronic Transcripts Filed for DC 2019-0019 for 2-3-2021 and 2-4-2021 Trial dates. (previous transcripts for these dates were removed from the record) Jan 12, 2024 4:40 PM Record
Notice - Outgoing - Transcript Filed Jan 11, 2024 9:06 AM Transcript
Electronic Transcripts Filed in Cause No. DC 2019-19 for February 3, 2021 and February 4, 2021 Jury Trial. (these were removed from the record as they were corrected on 1/12/24) Jan 11, 2024 8:00 AM Other
Order - Grant - Extension of Time - Appellant's brief shall be due February 9, 2024. If the transcript is not filed by January 10, 2024, Appellant shall file a report on the status of the appeal Dec 11, 2023 3:32 PM Order - Extension
Motion - Unopposed - Supplement the Record Dec 11, 2023 1:07 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 12, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 4, 2023 2:51 PM Order - Extension
Motion - Unopposed - APPELLANT OPENING - Motion and Affidavit for Second or Subsequent Extension Dec 4, 2023 12:32 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to December 13, 2023, to prepare, file, and serve Appellant's opening brief Nov 2, 2023 10:03 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Nov 2, 2023 9:33 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 13, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 29, 2023 11:50 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension serve the Appellant's opening brief Sep 29, 2023 9:31 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 11, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 31, 2023 11:14 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 31, 2023 9:04 AM Motion
Order - Appellant is granted an extension of time to and including September 11, 2023, within which to prepare, file, and serve Appellant's opening brief Aug 4, 2023 3:45 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 4, 2023 11:45 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 11, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 5, 2023 12:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's ninth request for an extension Jul 5, 2023 9:04 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 12, 2023, within which to prepare, file, and serve Appellant's opening brief Jun 5, 2023 1:18 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 5, 2023 11:18 AM Motion
Order - Appellant is granted an extension of time to and including June 12, 2023, within which to prepare, file, and serve Appellant's opening brief May 3, 2023 11:33 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 3, 2023 9:58 AM Motion
Order - Appellant is granted an extension of time to and including May 12, 2023 within which to file his opening brief Apr 3, 2023 9:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 3, 2023 8:34 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/12/23 to file the opening brief Mar 6, 2023 2:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 6, 2023 8:56 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 3/13/23 to file the opening brief Feb 2, 2023 9:39 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 2, 2023 8:45 AM Motion
Order - Appellant is granted an extension of time to and including February 10, 2023, within which to prepare, file, and serve Appellant's opening brief Jan 3, 2023 11:11 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 3, 2023 9:20 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/11/23 to file the opening brief Dec 5, 2022 12:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Dec 5, 2022 12:15 PM Motion
Extension - Grant of Extension - Appellant is given until 12/12/22 to file the opening brief Nov 4, 2022 2:24 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Nov 4, 2022 10:25 AM Motion
Notice - Outgoing - Transcript Filed Oct 11, 2022 9:08 AM Transcript
Electronic Transcripts Filed of March 2, 2020 (Motions) and April 19, 2021 (Sentencing) hearings Oct 7, 2022 5:25 PM Other
Order - Court Reporter Kelley Barstad is granted an extension of time to and including September 26, 2022, within which to prepare, file, and serve the transcript Sep 2, 2022 4:06 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Sep 2, 2022 12:10 PM Motion
Order - Grant - Extension of Time - Court Reporter Kelley Barstad is granted until August 26, 2022 to file requested transcripts on appeal Aug 11, 2022 6:11 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript and Affidavit in Support Aug 11, 2022 1:13 PM Motion
Notice - Outgoing - Transcript Filed Aug 5, 2022 4:10 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 2/3/21 and 2/4/21 hearings. (these were removed from the record as they were corrected on 1/12/24) Aug 5, 2022 8:00 AM Record
Order - Grant - Extension of Time - Court Reporter Kim Marchwick is granted until 8/4/22 to file requested transcripts on appeal; No further extensions will be granted without an affidavit from the Court Reporter Jul 13, 2022 2:03 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jul 13, 2022 12:51 PM Motion
Order - Court Reporter Kim Marchwick is granted an extension of time to and including July 5, 2022, within which to prepare, file, and serve the transcripts Jun 15, 2022 3:38 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jun 15, 2022 2:42 PM Motion
Order - Grant - Extension of Time - Court Reporter is granted until 6/8/22 to file the requested transcripts on appeal May 17, 2022 1:39 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript May 17, 2022 1:11 PM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to May 17, 2022 to file Transcript Mar 29, 2022 1:54 PM Ruling
Notice - Outgoing - District Court Record Filed Mar 24, 2022 9:24 AM Record
DC Record Filed for Cause No. DC-19-19 consisting of electronic documents 1-91 and Case Register Report Mar 24, 2022 9:23 AM Record
Notice - Incoming - Transcripts Deemed Necessary Feb 15, 2022 9:12 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 14, 2022 3:24 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 14, 2022 3:05 PM Notice - Incoming
Order - the petition for out of time appeal is GRANTED; ADD is appointed to represent Dominguez; ADD shall have 30 days to file a notice of appeal or a motion to rescind the appointment Jan 26, 2022 8:14 AM Order - Other
Event - Sent to Court-Pleading (Petition for Out-of-Time Appeal) Jan 12, 2022 2:10 PM Event
Petition - Out of Time Appeal Jan 12, 2022 2:06 PM Petition