State v. K. Garding

DA 24-0732 ·Direct Appeal ·Criminal ·Open
Docket DA 24-0732
Type Direct Appeal — Homicide-Negligent
Classification Criminal
Outcome Affirmed
Lower court case DC-32-2010-0000160-IN
Lower court judge Hon. John W. Larson

Key dates

Appeal filed Dec 16, 2024
Record filed Dec 30, 2024
Briefing started Dec 30, 2024
Appellant Opening Brief Filed Mar 28, 2025
Appellee Response Brief Filed Sep 12, 2025
Appellant Reply Brief Filed Oct 27, 2025
Briefing ended Oct 27, 2025
Sent to the court Oct 27, 2025
Submitted for decision Oct 27, 2025
Classified Jan 28, 2026
Rehearing requested Jul 24, 2026
Rehearing granted Aug 25, 2026
Opinion issued Aug 25, 2026

Calculated

from the docket dates
Appeal filed to briefing start 14
Briefing days 300
Briefing start to opening brief filed 88
Classified to Opinion 209
Close of briefing to sent to court 0
Days since filed 624
Filing date to Opinion 617
Opening to response 167
Response to reply 44
Sent to court to classified 93
Submitted for decision to Opinion 302

Tags

Affirmed Affirmed in part, reversed in part Case stayed En Banc Open Published opinion Rehearing granted Rehearing requested

Parties

Appellee
State of Montana
Represented by Matthew C. Jennings Austin Miles Knudsen Roy Lindsay Brown, Jr Brad Fjeldheim
Appellant
Katie Irene Garding
Represented by Larry D. Mansch Tobias Joel Cook

Opinion

State v. K. Garding, 2026 MT 157

Affirmed in part, reversed in part on July 21, 2026, in a 6 to 1 with 1 concurring published opinion.

Opinion

State v. K. Garding, 2026 MT 200

Affirmed on August 25, 2026, in a 5 to 2 published opinion.

Events

most recent first
Opinion - Published - Justice McKinnon - AFFIRMED Aug 25, 2026 4:25 PM Opinion
Order - IT IS ORDERED that the petition for rehearing is GRANTED. IT IS FURTHER ORDERED this Court's July 21, 2026 Opinion is WITHDRAWN. IT IS FURTHER ORDERED that the accompanying new Opinion be filed with the Clerk as this Court's decision in this matter Aug 25, 2026 4:18 PM Granting Rehearing
Event - Sent to Court-Pleading Aug 10, 2026 1:30 PM Event
Response/Objection - Rehearing - Appellant's Response Aug 10, 2026 1:27 PM Response
Petition - State's Petition for Rehearing - Held for response Jul 24, 2026 1:26 PM Petition
Opinion - Published - Justice McKinnon - Affirmed in part and Reversed in Part Jul 21, 2026 3:31 PM Opinion
Order - Classified - En Banc Jan 28, 2026 11:11 AM Classifying Notice
Event - Case Sent to Court Oct 27, 2025 10:00 AM Classifying Notice
Notice - Outgoing - Brief Filed Oct 27, 2025 9:58 AM Notice - Outgoing
Brief - Appellant Reply Oct 27, 2025 8:00 AM Appellant Reply Brief
Notice - Incoming - Attorney Withdrawal - E. Lars Phillips Sep 18, 2025 3:13 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including October 26, 2025, within which to prepare, serve, and file its reply brief. No further extensions will be granted Sep 16, 2025 2:07 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief - (First 30 days) Sep 16, 2025 12:28 PM Motion
Notice - Outgoing - Appellee's Response Brief Filed Sep 12, 2025 2:55 PM Notice - Outgoing
Brief - Appellee's Response Sep 12, 2025 1:44 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including September 24, 2025, within which to prepare, serve, and file its response brief Aug 15, 2025 11:53 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Response Brief Aug 15, 2025 10:13 AM Motion
Order - Appellee is given an extension of time to and including August 25, 2025, within which to prepare, serve, and file its response brief Jul 17, 2025 9:16 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Jul 17, 2025 9:03 AM Motion
Order - Appellee is granted until July 26, 2025, to prepare, serve, and file its response brief Jun 17, 2025 2:17 PM Order - Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Jun 17, 2025 11:26 AM Motion
Order - Appellee is granted an extension of time to and including June 26, 2025, within which to prepare, serve, and file its response brief May 19, 2025 5:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief May 19, 2025 4:40 PM Motion
Grant of Extension - Appellee is granted an extension of time to and including May 27, 2025, within which to prepare, serve, and file its response brief Apr 10, 2025 1:58 PM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Apr 10, 2025 11:29 AM Motion
Notice - Outgoing - Brief Filed Mar 31, 2025 10:00 AM Notice - Outgoing
Brief - Appellant's Opening Mar 28, 2025 4:33 PM Appellant Opening Brief
Order - IT IS HEREBY ORDERED that Appellant is granted leave to file an overlength opening brief not to exceed 11,500 words. IT IS FURTHER ORDERED that Appellee shall be allowed to file a response brief not to exceed 11,500 words. The Court will not entertain any motion to file an overlength reply brief Feb 27, 2025 11:04 AM Order - Other
Event - Sent to Court-Pleading Feb 24, 2025 4:46 PM Event
Objection to Motion to file Enlarged Brief Feb 24, 2025 4:39 PM Objection
Order - Appellant's opening brief shall be due on March 28, 2025 Feb 24, 2025 11:30 AM Order - Other
Motion - Opposed - Brief - Enlarged - Held for response Feb 21, 2025 3:48 PM Motion
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Feb 21, 2025 3:44 PM Motion
Order - IT IS THEREFORE ORDERED that the Appellant's Motion to Stay is DENIED. THAT Appellant's Motion to Expedite and the State's Motion to Strike are DENIED as moot Feb 4, 2025 4:49 PM Order - Other
Event - Sent to Court-Pleadings re Motion to Strike Feb 3, 2025 12:41 PM Event
Response/Objection - Response to Motion to Strike Feb 3, 2025 12:23 PM Response
Event - Sent to Court-Pleading - re: Motion to Expedite Jan 23, 2025 3:03 PM Event
Event - Sent to Court-Pleading - re: Motion to Stay Jan 23, 2025 3:03 PM Event
State's Response/Objection to Response to Motion to Stay Jan 23, 2025 2:57 PM Other
State's Response/Objection - Response to Motion to Expedite Jan 23, 2025 2:53 PM Other
State's Opposed Motion to Strike (Held for Response) Jan 23, 2025 2:48 PM Other
Motion - Opposed - Expedite - Appellant's Notice of Supplemental and Motion to Expediate Briefing on Appellant's Moton to Stay Order Pending Appeal - Held for response Jan 15, 2025 1:09 PM Motion
Motion - Opposed - Stay - Held for response Jan 14, 2025 4:29 PM Motion
Extension - Appellant's opening brief shall be due on February 28, 2025 Jan 8, 2025 10:44 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Brief Jan 7, 2025 5:19 PM Motion
Notice - Outgoing - District Court Record Filed Dec 30, 2024 12:11 PM Record
Record - Electronic DC Record Filed for Cause No. DC 2010-0160 consisting of documents 1 thru 223 and the case register Dec 30, 2024 12:09 PM Record
Notice - Incoming - Transcripts Deemed Necessary - Amended to include service to Attorney General's Office Dec 16, 2024 3:17 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Dec 16, 2024 3:15 PM Notice - Outgoing
Notice - Incoming - Amended Notice of Appeal Filed - Amended to include service to the Attorney General's Office Dec 16, 2024 3:13 PM Notice - Incoming
Notice - Incoming - Transcripts Deemed Necessary Dec 16, 2024 2:57 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Dec 16, 2024 2:47 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 16, 2024 2:19 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Dec 16, 2024 2:19 PM Fees