S. Ellison v. State

DA 25-0172 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0172
Type Direct Appeal — Postconviction
Classification Civil
Outcome Affirmed
Lower court case DV-23-0064
Lower court judge Hon. John A. Kutzman

Key dates

Closed Jan 29, 2026
Classified Dec 10, 2025
Appeal filed Mar 3, 2025
Record filed Apr 7, 2025
Briefing ended Oct 14, 2025
Opinion issued Jan 13, 2026
Briefing started Apr 7, 2025
Sent to the court Oct 15, 2025
Submitted for decision Oct 15, 2025
Appellant Reply Brief Filed Oct 14, 2025
Appellant Opening Brief Filed Apr 22, 2025
Appellee Response Brief Filed Sep 22, 2025

Calculated

from the docket dates
Appeal filed to briefing start 35
Briefing days 189
Briefing start to opening brief filed 14
Classified to Opinion 34
Close of briefing to sent to court 1
Filing date to Opinion 316
Filing date to closed 332
Opening to response 152
Opinion to closed 15
Response to reply 22
Sent to court to classified 56
Submitted for decision to Opinion 90

Tags

Affirmed Closed Final Order Issued Five Justice Panel Non-cite opinion Request to File Appeal in form Pauperis

Parties

Respondent
State of Montana
Represented by Kathryn Fey Schulz
Appellant
Scott Wayne Ellison
Represented by Pro Se

Opinion

S. Ellison v. State, 2026 MT 5N

Affirmed on January 13, 2026, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 9, 2026 2:04 PM Record
Record - DC Record Returned to District Court - exhibits Jan 29, 2026 8:40 AM Record
Event - Case Closed - electronic records Jan 29, 2026 8:39 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jan 29, 2026 8:30 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Bidegaray - Affirmed Jan 13, 2026 2:51 PM Opinion
Order - Classified - Five Justice Panel Dec 10, 2025 12:23 PM Classifying Notice
Order - IT IS ORDERED that Ellison's Motion for Copy of Trial Exhibits and that Ellison's Judicial Notice of Procedural Due Process Violation are both DENIED, as moot Nov 12, 2025 2:36 PM Order - Other
Judicial Notice of Procedural Due Process Violations - sent to Court w/SC file Oct 27, 2025 3:48 PM Other
Motion for Copy of Trial Exhibits - sent to Court w/SC file Oct 27, 2025 3:42 PM Motion
Event - Case Sent to Court Oct 15, 2025 9:56 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Oct 15, 2025 9:50 AM Notice - Outgoing
Brief - Appellant Reply Oct 14, 2025 9:40 AM Appellant Reply Brief
Order - IT IS ORDERED that Ellison's Motion for Extension of Time is GRANTED and that Ellison shall prepare, serve, and file his reply brief on or before Wednesday, October 22, 2025. IT IS FURTHER ORDERED that his request for copies of documents from his underlying criminal case is DENIED Oct 7, 2025 11:24 AM Order - Extension
Motion - Extension of Time - Appellant's Reply Brief (Sent to Court w/ S.C. File) Oct 2, 2025 4:02 PM Motion
Motion - Motion to Waive copy fees and provide District Court Record to Appellant (Sent to Court w/ S.C. File) Oct 2, 2025 9:17 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Sep 22, 2025 10:00 AM Notice - Outgoing
Brief - Appellee's Response - Redacted Sep 22, 2025 8:29 AM Appellee Response Brief
Brief - Appellee's Response - Unredacted Sep 22, 2025 8:00 AM Appellee Response Brief
Notice - Outgoing - Exhibits Filed Sep 18, 2025 10:54 AM Notice - Outgoing
Record - Exhibits Filed for Cause No. DV-23-64, (from DC-18-306) consisting of one (1) white Tyvek envelope Sep 18, 2025 10:50 AM Record
Order - IT IS HEREBY ORDERED the Cascade County Attorney's Office shall return Trial Exhibit Nos. 1-32 to the district court in Cause No. CDC-18-306 with a declaration of their authenticity. IT IS FURTHER ORDERED that upon reinstatement of Trial Exhibit Nos. 1-32, the Eighth Judicial District Court shall immediately forward those exhibits to this Court so the district court record for Cause No. CDC-18-306 that is submitted on appeal will be complete Sep 11, 2025 10:58 AM Order - Other
Motion for Order to Reinstate Criminal Trial Exhibits into District Court Record Sep 10, 2025 4:31 PM Motion
Response/Objection - Extension - Appellant's objection - no action taken Sep 8, 2025 12:48 PM Response
Order - IT IS ORDERED that Ellison's: 1. July 29, 2025 Motion for Relief from Judgment per Rule 60(b)(4) due to the State's Waiver and Default is DENIED; and 2. August 1, 2025 Judicial Notice of Court Error, Appellee's Waiver is DENIED Sep 3, 2025 4:30 PM Order - Other
Order - Respondent is GRANTED an extension of time to and including October 3, 2025, within which to prepare, file, and serve its response brief Aug 27, 2025 8:00 AM Order - Extension
Event - Sent to Court-Pleading Aug 26, 2025 1:55 PM Event
Motion - Opposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief and request for Court to deny Appellant's Motion for Relief from Judgment Aug 26, 2025 1:45 PM Motion
Event - Sent to Court-Pleading Aug 20, 2025 1:53 PM Event
Supporting Documents to Appellant's Motion to for Relief from Judgment per Rule 650(b)(4) due to the State's Waiver and Default - held for response Aug 1, 2025 3:08 PM Other
Motion - Opposed - Dismiss - Appellant's Motion for Relief from Judgment per Rule 650(b)(4) due to the State's Waiver and Default - held for response Jul 31, 2025 2:36 PM Motion
Appellant Judicial Notice and Objection of Extension of Time for Response Brief. No action taken Jul 31, 2025 2:35 PM Other
Response/Objection - Appellant Response to Motion. No action taken Jul 16, 2025 2:27 PM Response
Response/Objection - Appellant Response to Motion. No action taken Jul 11, 2025 2:08 PM Response
Order - Respondent is granted an extension of time to and including September 4, 2025, within which to prepare, file, and serve its response brief Jul 7, 2025 5:03 PM Order - Extension
Motion - Opposed - Extension of Time - Appellee's Response Brief Jul 7, 2025 4:26 PM Motion
Response/Objection - Appellant's objection to Appellee's Motion for Extension of time. No action taken Jul 3, 2025 10:21 AM Response
Order - Appellee is granted an extension of time to and including July 21, 2025, within which to prepare, file, and serve its response brief Jun 12, 2025 12:59 PM Order - Extension
Motion - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Jun 12, 2025 12:08 PM Motion
Extension - Appellee is granted an extension of time to and including June 21, 2025, within which to prepare, serve, and file its response brief May 14, 2025 9:34 AM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) May 14, 2025 8:44 AM Motion
Notice - Outgoing - Brief Filed Apr 22, 2025 10:25 AM Notice - Outgoing
Brief - Appellant's Opening Apr 22, 2025 10:24 AM Appellant Opening Brief
Notice - Outgoing - District Court Record Filed Apr 7, 2025 12:01 PM Record
Record - Electronic DC Record Filed for the underlying Cause CDC 18-306 consisting of 1-137, and Case Register. The underlying case was placed within the electronic Case File Apr 7, 2025 11:45 AM Record
Notice - Outgoing - District Court Record Filed Apr 7, 2025 11:28 AM Record
Record - Electronic DC Record Filed for Cause DV 23-0064 consisting of 1-30, and Case Register Apr 7, 2025 11:15 AM Record
Notice - Incoming - Appellant's Notice of Filing Notice of Appeal with District Court Mar 24, 2025 3:35 PM Notice - Incoming
Notice to Clerk of Court - to send underlying criminal case Mar 13, 2025 3:18 PM Notice
Order - Deficiencies-Brief. IT IS ORDERED that the Appellant's opening brief filed on March 12, 2025, is rejected; IT IS FURTHER ORDERED that the Appellant's opening brief is due within 30 days after the date on which the record is filed and the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised opening brief Mar 12, 2025 3:32 PM Order - Deficiency
Order - Grant-Proceed Without Pay Mar 3, 2025 3:35 PM Order - Proceed Without Pay
Notice - Outgoing - Appeal Notice Mar 3, 2025 3:34 PM Notice - Outgoing
Motion - Proceed Without Payment of Filing Fee Mar 3, 2025 3:29 PM Motion
Notice of Appeal Filed Mar 3, 2025 3:29 PM Notice