State v. Eskew

DA 14-0445 ·Direct Appeal ·Criminal ·Closed
Docket DA 14-0445
Type Direct Appeal — Assault
Classification Criminal
Outcome Reversed
Lower court case DDC 12-425
Lower court judge Hon. Dirk M. Sandefur

Key dates

Closed Mar 16, 2017
Classified Oct 26, 2016
Appeal filed Jul 10, 2014
Record filed Aug 15, 2014
Oral argument Dec 7, 2016
Briefing ended Sep 14, 2016
Opinion issued Feb 28, 2017
Briefing started Apr 14, 2015
Transcript filed Apr 14, 2015
Sent to the court Sep 14, 2016
Submitted for decision Dec 7, 2016
Appellant Reply Brief Filed Sep 14, 2016
Appellant Opening Brief Filed Apr 13, 2016
Appellee Response Brief Filed Sep 1, 2016

Calculated

from the docket dates
Appeal filed to briefing start 278
Briefing days 518
Briefing start to opening brief filed 365
Classified to Opinion 124
Close of briefing to sent to court 0
Filing date to Opinion 964
Filing date to closed 980
Opening to response 141
Opinion to closed 15
Oral argument to Opinion 83
Response to reply 12
Sent to court to classified 42
Sent to court to oral argument 83
Submitted for decision to Opinion 166

Tags

Amicus granted Amicus requested Closed Opinion synopsis issued Oral Argument Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Jasmine Nicole Eskew
Represented by Gem Koan Mercer

Opinion

State v. Eskew, 2017 MT 36

Reversed on February 28, 2017, in a 5 to 2 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Mar 22, 2017 10:30 AM Record
Event - Case Closed Mar 16, 2017 8:37 AM Closing Notice
Record - DC Record Returned to District Court Mar 16, 2017 8:37 AM Record
Notice - Outgoing - Opinion Release Notice Issued Mar 16, 2017 8:30 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 16, 2017 8:26 AM Closing Notice
Opinion - Synopsis of Opinion Feb 28, 2017 11:17 AM Synopsis
Opinion - Published - Chief Justice McGrath - Reversed and Remanded Feb 28, 2017 11:05 AM Opinion
Notice - Outgoing - Brief Filed (Appellee's Response to Brief of Amici) Dec 9, 2016 11:30 AM Notice - Outgoing
Event - Oral Argument Presented - the Appellant was represented by Koen Mercer and the Respondent by Mardell Ployhar. The Honorable Heidi Ulbricht sat in the place of Justice Cotter; the matter was taken under advisement at 10:45 a.m Dec 7, 2016 11:05 AM Event
Appellee's Response to Brief of Amici Dec 5, 2016 4:03 PM Other
Notice - Outgoing - Brief Filed Nov 22, 2016 3:22 PM Notice - Outgoing
Brief - Amicus (The Innocence Project, Inc.) Nov 21, 2016 10:42 PM Amicus Brief
Order - The Innocence Project, Inc. and Montana Innocence Project are granted until 11/21/16 to file an amicus brief not exceeding 5,000 words; State may file a response to the brief by 12/5/16 Nov 3, 2016 12:35 PM Order - Other
Motion - Amicus - Leave to Participate (Innocence Project, Inc. and Montana Innocence Project) Nov 2, 2016 3:13 PM Motion
Order - Hon. Heidi Ulbricht, District Judge, will sit in the place of Justice Cotter, who will be retiring on 12/30/16 Oct 28, 2016 11:58 AM Order - Other
Notice - Outgoing - Oral Argument Scheduled Oct 26, 2016 3:12 PM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, December 7, 2016 at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Helena, Montana Oct 26, 2016 3:07 PM Classifying Notice
Event - Case Sent to Court Sep 14, 2016 1:07 PM Classifying Notice
Notice - Outgoing - Brief Filed Sep 14, 2016 1:07 PM Notice - Outgoing
Brief - Appellant Reply Sep 14, 2016 9:55 AM Appellant Reply Brief
Notice - Outgoing - Brief Filed Sep 2, 2016 10:16 AM Notice - Outgoing
Brief - Appellee's Response Sep 1, 2016 2:11 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including September 12, 2016, within which to prepare, serve, and file its response brief Aug 5, 2016 4:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Aug 4, 2016 4:27 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 8/12/16 to file the response brief Jun 6, 2016 3:41 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jun 6, 2016 12:46 PM Motion
Extension - Appellee is granted an extension of time to and including June 13, 2016, within which to prepare, serve, and file its response brief May 13, 2016 3:02 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) May 13, 2016 12:41 PM Motion
Notice - Outgoing - Brief Filed Apr 13, 2016 4:11 PM Notice - Outgoing
Brief - Appellant's Opening Apr 13, 2016 12:43 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 4/13/16 to file the opening brief Mar 1, 2016 1:18 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 1, 2016 11:35 AM Motion
Order - Appellant is granted an extension of time to and including March 14, 2016, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 29, 2016 11:16 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 29, 2016 10:25 AM Motion
Order - Appellant is granted an extension of time to and including February 12, 2016, within which to prepare, file, and serve its opening brief Jan 6, 2016 2:45 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 5, 2016 3:56 PM Motion
Notice - Outgoing - Exhibits Filed Dec 7, 2015 1:48 PM Notice - Outgoing
Record - one (1) box of Exhibits consisting of photographs & discs. Filed Dec 7, 2015 1:48 PM Record
Order - Grant - Extension of Time - Appellant is granted until 1/13/16 to file the opening brief Dec 4, 2015 11:09 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 4, 2015 9:49 AM Motion
Order - Appellant is granted an extension of time to and including December 14, 2015, within which to prepare, file, and serve opening brief Nov 2, 2015 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 30, 2015 1:40 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 11/13/15 to file the opening brief Oct 6, 2015 10:31 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension- Appellant's Opening Brief Oct 6, 2015 9:48 AM Motion
Order - Appellant is granted an extension of time to and including October 14, 2015, within which to prepare, file, and serve opening brief Aug 31, 2015 2:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 31, 2015 12:24 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/14/15 to file the opening brief Aug 5, 2015 1:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 4, 2015 1:50 PM Motion
Order - Appellant is granted an extension of time to and including August 14, 2015, within which to prepare, file, and serve its opening brief Jul 8, 2015 11:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 7, 2015 3:24 PM Motion
Notice - Incoming - Appearance - Koan Mercer for Appellant Jun 9, 2015 10:03 AM Notice - Incoming
Order - Grant - Extension of Time. Appellant is granted an extension of time to and including July 15, 2015, within which to prepare, file, and serve its opening brief on appeal Jun 8, 2015 2:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 8, 2015 12:47 PM Motion
Extension - Appellant is given an extension of time until June 15, 2015, to prepare, file, and serve the Appellant's opening brief May 14, 2015 11:11 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) May 13, 2015 4:16 PM Motion
Notice - Outgoing - Transcript Filed Apr 14, 2015 11:37 AM Transcript
Record - Transcript Filed - 15 original condensed transcripts w/CD of 4/11/13, 12/2/13, 3/17-4/1/14 and 5/21/14 Apr 14, 2015 11:31 AM Record
Order - Sandra M. Francetich, court reporter, shall have 30 days to produce the transcripts (April 16, 2016) Mar 17, 2015 8:28 AM Order - Other
Event - Sent to Court-Pleading (Motion to Compel) Mar 6, 2015 2:18 PM Event
Motion to Compel Court Reporter to Produce Transcripts Mar 6, 2015 1:06 PM Motion
Order - Grant - Extension of Time - Court Reporter, Sandra M. Francetich, is granted until March 6, 2015, Feb 18, 2015 5:14 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Feb 18, 2015 2:58 PM Motion
Order - Grant - Extension of Time - Court Reporter is granted until 2/11/15 to file the transcripts on appeal Jan 5, 2015 2:26 PM Order - Extension
Motion and Supporting Affidavit of Court Reporter - Unopposed - Extension of Time - Prepare Transcript - sent to Court w/SC file Jan 2, 2015 4:28 PM Motion
Extension - Appellant GRANT of an Extension of time until 1/2/15 to file the Transcripts on Appeal Dec 3, 2014 3:27 PM Extension
Motion and Supporting Affidavit - Unopposed - Extension of Time - Transcripts on Appeal- sent to Court w/SC file Dec 2, 2014 10:52 AM Motion
Order - Grant - Extension of Time to December 1, 2014 to file Transcripts on Appeal Oct 16, 2014 4:47 PM Order - Extension
Motion and Supporting Affidavit - Unopposed - Extension of Time - Transcripts on Appeal- sent to Court w/SC file Oct 15, 2014 9:03 AM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript Aug 27, 2014 10:03 AM Ruling
Notice - Outgoing - District Court Record Filed Aug 15, 2014 1:49 PM Record
Record - DC Record/Exhibits/Transcript Filed - 10 red file folders, 1 expandable folder with Confidential Exhibits and condensed Transcript w/DVD of July 25, 2013 hearing Aug 15, 2014 1:37 PM Record
Notice - Outgoing - Appeal Notice Jul 11, 2014 2:45 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 10, 2014 2:40 PM Notice - Incoming