State v. Morrissey Jr

DA 24-0046 ·Direct Appeal ·Criminal ·Closed
Docket DA 24-0046
Type Direct Appeal — Sexual Assault
Classification Criminal
Outcome Affirmed
Lower court case DC 21-874
Lower court judge Hon. Ashley Harada

Key dates

Closed Aug 13, 2026
Classified Apr 8, 2026
Appeal filed Jan 22, 2024
Record filed Jan 23, 2024
Briefing ended Jan 27, 2026
Opinion issued Jul 28, 2026
Briefing started Mar 5, 2024
Transcript filed Mar 5, 2024
Sent to the court Jan 27, 2026
Submitted for decision Jan 27, 2026
Appellant Reply Brief Filed Jan 27, 2026
Appellant Opening Brief Filed Jun 11, 2025
Appellee Response Brief Filed Dec 5, 2025

Calculated

from the docket dates
Appeal filed to briefing start 43
Briefing days 692
Briefing start to opening brief filed 462
Classified to Opinion 111
Close of briefing to sent to court 0
Filing date to Opinion 918
Filing date to closed 934
Opening to response 177
Opinion to closed 15
Response to reply 52
Sent to court to classified 71
Submitted for decision to Opinion 182

Tags

Affirmed Closed En Banc Final Order Issued Published opinion

Parties

Appellee
State of Montana
Represented by Scott D. Twito
Appellant
Robert Lee Morrissey Jr.
Represented by Tammy Ann Hinderman

Opinion

State v. Morrissey Jr, 2026 MT 167

Affirmed on July 28, 2026, in a 7 to 0 published opinion.

Events

most recent first
Record - DC Record Returned to District Court - Exhibits only Aug 13, 2026 9:32 AM Record
Event - Case Closed Aug 13, 2026 9:31 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 13, 2026 9:29 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 13, 2026 9:28 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed Jul 28, 2026 3:58 PM Opinion
Order - Classified - En Banc Apr 8, 2026 11:17 AM Classifying Notice
Event - Case Sent to Court Jan 27, 2026 10:22 AM Classifying Notice
Notice - Outgoing - Brief Filed Jan 27, 2026 10:21 AM Notice - Outgoing
Brief - Appellant Reply Jan 27, 2026 8:00 AM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including February 5, 2026, within which to prepare, file, and serve Appellant's reply brief on appeal. IT IS FURTHER ORDERED that no further extensions of time will be granted Dec 29, 2025 10:09 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Extension - Appellant's Reply Brief (First Request) Dec 29, 2025 8:00 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Dec 5, 2025 2:56 PM Notice - Outgoing
Brief - Appellee's Response Dec 5, 2025 11:30 AM Appellee Response Brief
Order - The State is granted an extension of time to and including December 9, 2025, within which to prepare, file, and serve the Appellee's response brief Oct 30, 2025 11:36 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Oct 30, 2025 10:39 AM Motion
Order - The State is granted an extension of time to and including November 9, 2025, within which to prepare, file, and serve the Appellee's response brief Sep 30, 2025 3:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Sep 30, 2025 3:05 PM Motion
Order - Appellee is granted an extension of time to and including October 10, 2025, within which to prepare, file, and serve the Appellee's response brief Jul 31, 2025 3:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Jul 31, 2025 3:08 PM Motion
Grant - The State is granted an extension of time to and including August 11, 2025, within which to prepare, file, and serve the Appellee's response brief Jul 7, 2025 4:46 PM Other
Motion - Unopposed - Extension of Time - Appellee's Response Brief (First Request 30 Days) Jul 7, 2025 1:25 PM Motion
AMENDED Notice - Outgoing - Brief Filed Jun 12, 2025 10:07 AM Other
Notice - Outgoing - Brief Filed Jun 11, 2025 9:27 AM Notice - Outgoing
Brief - Appellant's Opening Jun 11, 2025 8:00 AM Appellant Opening Brief
Order - IT IS ORDERED that the confidential personal information contained in the electronic copy of the brief be redacted or deleted and a copy be filed within ten days; no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and that the time for any subsequent briefing shall run from the date of filing of the revised brief Jun 9, 2025 2:27 PM Order - Other
Order - Appellant is granted and extension of time to and including June 19, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal. No further requests for extension of time will be granted May 12, 2025 10:22 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 12, 2025 8:00 AM Motion
Order - Appellant is granted and extension of time to and including May 19, 2025, within which to prepare, file, and serve Appellant's opening brief Apr 8, 2025 8:39 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 8, 2025 8:00 AM Motion
Order - Appellant is granted and extension of time to and including April 18, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 10, 2025 9:38 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 10, 2025 8:00 AM Motion
Order - Appellant is granted and extension of time to and including March 18, 2025, within which to prepare, file, and serve Appellant's opening Feb 6, 2025 3:34 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 6, 2025 11:30 AM Motion
Notice - Incoming - Appearance - Ryan Archibald - Contract Counsel for the Appellant Jan 13, 2025 12:22 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including February 18, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 9, 2025 10:11 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 9, 2025 9:57 AM Motion
Order - Appellant is granted an extension of time to and including January 16, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 9, 2024 5:09 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 9, 2024 12:17 PM Motion
Order - Appellant is granted an extension of time to and including December 16, 2024, within which to prepare, file, and serve Appellant's opening brief Nov 7, 2024 10:44 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 6, 2024 8:00 AM Motion
Order - Appellant is granted an extension of time to and including November 15, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 3, 2024 2:16 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 2, 2024 1:48 PM Motion
Order - Appellant is granted an extension of time to and including October 16, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 12, 2024 2:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 12, 2024 1:54 PM Motion
Order - Appellant is granted an extension of time to and including September 16, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 9, 2024 3:03 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Aug 9, 2024 1:30 PM Motion
Order - Appellant is granted an extension of time to and including August 16, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 10, 2024 11:15 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 10, 2024 8:14 AM Motion
Order - Appellant is granted an extension of time to and including July 17, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 10, 2024 12:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 10, 2024 9:15 AM Motion
Order - Appellant is given an extension of time until June 17, 2024, to prepare, file, and serve the Appellant's opening brief May 9, 2024 3:34 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) May 9, 2024 11:45 AM Motion
Order - Briefing/Scheduling - Appellant shall prepare, file, and serve the opening brief on appeal no later than May 17, 2024. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice Apr 17, 2024 9:52 AM Order - Other
Notice - Outgoing - Transcript Filed Mar 5, 2024 8:09 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC 21-0874 consisting of 12-8-2022 proceedings Mar 4, 2024 5:36 PM Record
Notice - Outgoing - Transcript Filed Feb 23, 2024 11:55 AM Transcript
Record - Electronic Transcript Filed - DC 21-874: Jury Trial Document from April 3rd to April 5th and Notice of Transcript Filing Feb 23, 2024 11:39 AM Transcript
Notice - Outgoing - Transcript Filed Feb 21, 2024 9:26 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC 21-0874 consisting of 9-14-2023 proceeding Feb 21, 2024 9:16 AM Record
Notice - Outgoing - Exhibits Filed Jan 24, 2024 1:52 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. DC 20-0874 consisting of 2-Large manilla envelopes Jan 24, 2024 1:50 PM Record
Notice - Outgoing - District Court Record Filed Jan 23, 2024 9:17 AM Record
Record - Electronic DC Record for Cause No. DC-2021-0874 consisting of 1 thru 75 and the case register has been Filed Jan 23, 2024 9:12 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jan 22, 2024 2:02 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jan 22, 2024 1:44 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 22, 2024 1:41 PM Notice - Incoming