State v. D. Smith

DA 19-0113 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0113
Type Direct Appeal — Assault-Partner/Family
Classification Criminal
Outcome Reversed
Lower court case BDC 18-9
Lower court judge Hon. Michael F. McMahon

Key dates

Closed Dec 16, 2020
Classified Oct 21, 2020
Appeal filed Feb 21, 2019
Record filed Apr 2, 2019
Briefing ended Sep 16, 2020
Opinion issued Dec 8, 2020
Briefing started Apr 2, 2019
Transcript filed Apr 1, 2019
Sent to the court Sep 16, 2020
Submitted for decision Sep 16, 2020
Appellant Reply Brief Filed Sep 16, 2020
Appellant Opening Brief Filed Mar 4, 2020
Appellee Response Brief Filed Aug 10, 2020

Calculated

from the docket dates
Appeal filed to briefing start 40
Briefing days 532
Briefing start to opening brief filed 337
Classified to Opinion 47
Close of briefing to sent to court 0
Filing date to Opinion 656
Filing date to closed 664
Opening to response 159
Opinion to closed 7
Response to reply 36
Sent to court to classified 35
Submitted for decision to Opinion 83

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Darrell Dwayne Smith
Represented by Chad M. Wright

Opinion

State v. D. Smith, 2020 MT 304

Reversed on December 8, 2020, in a 4 to 0 with 1 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Dec 22, 2020 9:40 AM Record
Event - Case Closed (exhibits returned to District Court) Dec 16, 2020 9:35 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 16, 2020 9:11 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 16, 2020 9:11 AM Closing Notice
Order - the motion for immediate remittitur is granted Dec 15, 2020 4:35 PM Order - Other
Motion - Unopposed - for Immediate Remittitur Dec 14, 2020 5:00 PM Motion
Opinion - Published Justice Gustafson - Reversed and remanded Dec 8, 2020 3:02 PM Opinion
Order - Classified - Five Justice Panel Oct 21, 2020 4:50 PM Classifying Notice
Event - Case Sent to Court Sep 16, 2020 10:10 AM Classifying Notice
Notice - Outgoing - Brief Filed Sep 16, 2020 10:08 AM Notice - Outgoing
Brief - Appellant Reply Sep 15, 2020 6:02 PM Appellant Reply Brief
Extension - Grant of Extension - Appellant has until September 23, 2020 to file Appellant's reply brief Aug 17, 2020 8:33 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Aug 17, 2020 8:00 AM Motion
Notice - Outgoing - Brief Filed (Appellee) Aug 11, 2020 10:30 AM Notice - Outgoing
Brief - Appellee's Response Aug 10, 2020 4:39 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including August 1, 2020, within which to prepare, serve, and file its response brief Jun 29, 2020 3:55 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jun 29, 2020 1:01 PM Motion
Order - Appellee is granted an extension of time to and including July 2, 2020, within which to prepare, serve, and file its response brief May 28, 2020 1:41 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellee Response) May 27, 2020 5:26 PM Motion
Order - Appellee is granted an extension of time to and including June 2, 2020, within which to prepare, serve, and file its response brief Apr 21, 2020 3:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Apr 20, 2020 3:39 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 5/3/20 to file the response brief Mar 27, 2020 4:29 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Mar 27, 2020 1:42 PM Motion
Notice - Outgoing - Opening Brief Filed Mar 5, 2020 8:55 AM Notice - Outgoing
Brief - Appellant's Opening Mar 4, 2020 2:41 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including March 4, 2020, within which to prepare, file, and serve Appellant's opening brief Jan 24, 2020 3:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 24, 2020 1:12 PM Motion
Order - Grant - Extension of Time of time to and including February 3, 2020, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 19, 2019 3:53 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 18, 2019 5:47 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/2/20 to file the opening brief Nov 22, 2019 4:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Nov 22, 2019 12:23 PM Motion
Order - Appellant is granted an extension of time to and including December 2 2019, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 23, 2019 1:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 22, 2019 8:05 AM Motion
Order - Appellant is granted an extension of time to and including November 1, 2019, within which to prepare, file, and serve Appellant's opening brief Sep 24, 2019 5:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 24, 2019 11:33 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 10/2/19 to file the opening brief Aug 26, 2019 4:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 26, 2019 2:32 PM Motion
Order - Appellant is granted an extension of time to and including September 2, 2019, within which to prepare, file, and serve Appellant's opening brief Jul 22, 2019 3:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 22, 2019 12:06 PM Motion
Order - Grant - Extension of Time; Appellant is granted an extension of time to and including August 2, 2019, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 26, 2019 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 26, 2019 8:00 AM Motion
Order - Appellant is granted an extension of time to and including July 3, 2019, within which to prepare, file, and serve Appellant's opening brief May 30, 2019 3:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) May 30, 2019 8:55 AM Motion
Extension - Grant of Extension to June 3, 2019 to file opening brief Apr 26, 2019 10:36 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Apr 26, 2019 9:32 AM Motion
Notice - Outgoing - Exhibits Filed Apr 2, 2019 2:15 PM Notice - Outgoing
Exhibits Filed consisting of 1 white envelope and 1 manila envelope Apr 2, 2019 2:14 PM Other
Notice - Outgoing - District Court Record Filed Apr 2, 2019 11:50 AM Record
Record - DC Record Filed - electronically transmitted documents 1-81 Apr 2, 2019 11:48 AM Record
Notice - Outgoing - Transcript Filed Apr 1, 2019 11:29 AM Transcript
Electronic Transcript Filed of July 25, 2018 hearing Apr 1, 2019 11:10 AM Other
Record - Electronically imaged Transcripts in Lewis & Clark County District Court Cause No. BDC 18-9 dated August 8, 2018; August 22, 2018; August 27, 2018; August 28, 2018, October 26, 2018 and October 29, 2018 hearings Mar 26, 2019 3:51 PM Record
Notice - Outgoing - Transcript of 11 Apr 2018 filed Mar 25, 2019 4:47 PM Notice - Outgoing
Record - Transcript Filed of 11 Apr 18 Mar 25, 2019 4:39 PM Record
Notice - Outgoing - Appeal Notice Feb 22, 2019 8:33 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 21, 2019 5:11 PM Notice - Incoming