Matter of J.D., YINC

DA 25-0073 ·Direct Appeal ·Child Abuse and Neglect ·Closed
Docket DA 25-0073
Type Direct Appeal — Dependent Neglect
Classification Child Abuse and Neglect
Outcome Reversed
Lower court case DN-1-2023-875
Lower court judge Hon. Luke M. Berger

Key dates

Closed Dec 18, 2025
Classified Aug 20, 2025
Appeal filed Jan 27, 2025
Record filed Mar 21, 2025
Briefing ended Jul 22, 2025
Opinion issued Dec 2, 2025
Briefing started Mar 21, 2025
Transcript filed Mar 19, 2025
Sent to the court Jul 22, 2025
Submitted for decision Jul 22, 2025
Appellant Reply Brief Filed Jul 22, 2025
Appellant Opening Brief Filed May 22, 2025
Appellee Response Brief Filed Jun 23, 2025

Calculated

from the docket dates
Appeal filed to briefing start 53
Briefing days 122
Briefing start to opening brief filed 62
Classified to Opinion 104
Close of briefing to sent to court 0
Filing date to Opinion 309
Filing date to closed 325
Opening to response 32
Opinion to closed 15
Response to reply 28
Sent to court to classified 29
Submitted for decision to Opinion 133

Tags

Closed En Banc Final Order Issued Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Sky Steven Jones
Other
D., J.
Appellant
M., S.
Represented by Tammy Ann Hinderman

Opinion

Matter of J.D., YINC, 2025 MT 274

Reversed on December 2, 2025, in a 5 to 2 published opinion.

Events

most recent first
Event - Case Closed - Electronic Record Dec 18, 2025 9:12 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 18, 2025 9:09 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 18, 2025 9:07 AM Closing Notice
Opinion - Published - Justice Gustafson - Reversed and Vacated Dec 2, 2025 2:57 PM Opinion
Notice - Incoming - Attorney Substitution/Withdrawal - Mardell Ployhar for State of Montana in place of Tammy K. Plubell Oct 31, 2025 11:31 AM Notice - Incoming
Order - Classified - En Banc Aug 20, 2025 11:52 AM Classifying Notice
Event - Case Sent to Court Jul 22, 2025 8:55 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jul 22, 2025 8:54 AM Notice - Outgoing
Brief - Appellant Reply Jul 21, 2025 10:34 PM Appellant Reply Brief
Order - Appellant is granted an extension of time of 14 days, until July 21, 2025, within which to prepare, file, and serve Appellant's Reply brief. No further extensions will be granted Jul 7, 2025 1:46 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant Reply Jul 7, 2025 12:11 PM Motion
Notice - Outgoing - Brief Filed Jun 24, 2025 10:56 AM Notice - Outgoing
Brief - Appellee's Response Jun 23, 2025 4:45 PM Appellee Response Brief
Notice - Outgoing - Brief Filed May 23, 2025 8:05 AM Notice - Outgoing
Brief - Appellant's Opening May 22, 2025 4:18 PM Appellant Opening Brief
Order - IT IS ORDERED that the referenced brief is rejected. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule[s] and that the Appellant shall serve copies of the revised brief on all parties of record; May 22, 2025 1:38 PM Order - Other
Order - IT IS HEREBY ORDERED that S.M. is granted an extension of time of 30 days up to and including May 21, 2025, within which to prepare, file, and serve his brief. No further extensions will be granted Apr 21, 2025 8:26 AM Order - Extension
Motion - Extension of Time - Brief Apr 18, 2025 5:14 PM Motion
Notice - Incoming - Appearance - Contract Counsel - Allen P. Lanning for the Appellant Mother Apr 14, 2025 9:50 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Mar 21, 2025 10:56 AM Record
Record - Electronic DC Record Filed for Cause DN 2023-873 consisting of 1-86, and Case Register Mar 21, 2025 10:53 AM Record
Notice - Outgoing - Transcript Filed Mar 19, 2025 10:59 AM Transcript
Record - Electronic Transcript Filed for Cause No. DN-23-875 of 03/21/2023, 04/18/2023, 05/25/2023, 06/15/2023, 06/27/2023, 08/17/2023, 11/16/2023, 12/14/2023, 03/26/2024, 06/13/2024 & 12/05/2024 hearings Mar 19, 2025 10:35 AM Record
Notice - Incoming - Transcripts Deemed Necessary Feb 11, 2025 4:42 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 11, 2025 12:17 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 11, 2025 12:03 PM Notice - Incoming
Order - Granting petition for out-of-time appeal and on or before February 14, 2025, the Appellate Defender shall prepare, file, and serve a Notice of Appeal and a Request for Transcripts, if necessary Feb 4, 2025 4:33 PM Order - Other
Event - Sent to Court-Pleading Jan 27, 2025 4:36 PM Event
Petition - Out of Time Appeal Jan 27, 2025 3:54 PM Petition