Matter of D.J.L. & R.J.M., Yincs

DA 25-0675 ·Direct Appeal ·Child Abuse and Neglect ·Closed
Docket DA 25-0675
Type Direct Appeal — Dependent Neglect
Classification Child Abuse and Neglect
Outcome Affirmed
Lower court case DN 2024-098
Lower court judge Hon. John W. Parker

Key dates

Closed Aug 5, 2026
Classified Jun 24, 2026
Appeal filed Sep 25, 2025
Record filed Nov 14, 2025
Briefing ended May 20, 2026
Opinion issued Jul 21, 2026
Briefing started Mar 10, 2026
Transcript filed Mar 10, 2026
Sent to the court May 26, 2026
Rehearing requested Jul 28, 2026
Submitted for decision May 26, 2026
Appellant Reply Brief Filed May 20, 2026
Appellant Opening Brief Filed Feb 2, 2026
Appellee Response Brief Filed Mar 3, 2026

Calculated

from the docket dates
Appeal filed to briefing start 166
Briefing days 71
Briefing start to opening brief filed 36
Classified to Opinion 27
Close of briefing to sent to court 5
Filing date to Opinion 299
Filing date to closed 314
Opening to response 29
Opinion to closed 14
Response to reply 77
Sent to court to classified 29
Submitted for decision to Opinion 56

Tags

Affirmed Closed Five Justice Panel Non-cite opinion Rehearing requested

Parties

Appellee
State of Montana
Represented by Joshua A. Racki
Appellant
L., P.
Represented by Tammy Ann Hinderman
Appellant
L., D.
Represented by Tammy Ann Hinderman
Subject
L., D. J.
Represented by Allen Page Lanning

Opinion

Matter of D.J.L. & R.J.M., Yincs, 2026 MT 160N

Affirmed on July 21, 2026, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed - electronic record Aug 5, 2026 9:51 AM Closing Notice
Notice - Outgoing - Remittitur Issued Aug 4, 2026 8:59 AM Closing Notice
Motion - Unopposed - Dismiss - Stipulated Aug 4, 2026 8:49 AM Motion
ORDERED that Petition for Rehearing is GRANTED; this Court's Opinion 2026 MT 160N is VACATED; this Court's Order dismissing Mother's appeal is VACATED and Mother's appellate counsel Daniel Eakin is REAPPOINTED; that the parties' Joint Stipulation for Reman and Motion to Dismiss Appeal without Prejudice shall be FILED WITH THE COURT as of this date; that this appeal is DISMISSED WITHOUT PREJUDICE; and that this matter is REMANDED to the District Court with instructions Aug 4, 2026 8:42 AM Closing Notice
Motion for Reappointment of Counsel and Petition - Rehearing Aug 3, 2026 9:30 AM Motion
Event - Sent to Court-Pleading Jul 29, 2026 11:04 AM Event
Response/Objection - Department's Notice of Position and Response to Petition for Rehearing Jul 29, 2026 10:47 AM Response
Petition - Rehearing - Held for Response Jul 28, 2026 10:56 AM Petition
Order - IT IS THEREFORE ORDERED that mother's appeal is DISMISSED Jul 21, 2026 4:48 PM Order - Other
Opinion - Noncite/Memorandum - Justice Gustafson - AFFIRMED Jul 21, 2026 3:33 PM Opinion
Order - Classified - Five Justice Panel Jun 24, 2026 9:31 AM Classifying Notice
Event - Case Sent to Court May 26, 2026 9:26 AM Classifying Notice
Notice - Outgoing - Brief Filed May 21, 2026 5:00 PM Notice - Outgoing
Brief - Appellee's Supplemental Brief to Appellant Father's Brief May 20, 2026 4:00 PM Appellant Reply Brief
Order -IT IS HEREBY ORDERED that the Appellant Mother P.L. in this matter shall file a response to this motion within thirty (30) days of the date of this Order May 18, 2026 1:42 PM Order - Other
Appellant Mother's Brief - Anders-Withdrawal of Counsel May 15, 2026 10:53 AM Other
Motion - Withdrawal of Counsel May 15, 2026 10:53 AM Motion
Brief - Anders-Withdrawal of Counsel May 15, 2026 10:53 AM Brief
Order - Appellee is granted an extension of time to and including May 26, 2026, within which to prepare, serve, and file the State's supplemental response brief May 12, 2026 4:00 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Supplemental Brief (First Request 30 Days) May 12, 2026 3:09 PM Motion
IT IS ORDERED t hat the Appellee's Motion to Strike is DENIED. Appellee shall have fourteen days from the date of this order to submit a supplemental brief addressing the new material in Father's Reply Brief Appendix, not to exceed 3,000 words May 5, 2026 5:25 PM Other
Event - Sent to Court-Pleading Apr 24, 2026 2:29 PM Event
Response/Objection - Response to Motion Apr 24, 2026 1:57 PM Response
Event - Case Sent to Court Apr 23, 2026 8:41 AM Classifying Notice
Motion - Opposed - Strike Appendices from Appellant Father's Reply - Held for Response Apr 17, 2026 1:33 PM Motion
Amended Notice - Outgoing - Brief Filed Apr 15, 2026 4:42 PM Other
Notice - Outgoing - Brief Filed Apr 13, 2026 11:08 AM Notice - Outgoing
Brief - Appellant Reply - Appellant Father Apr 13, 2026 8:00 AM Appellant Reply Brief
Order - Appellant/Mother is granted an extension of time up to and including May 18, 2026, in which to prepare, file, and serve the Appellant/Mother's opening brief on appeal. No further extensions will be granted Apr 9, 2026 3:02 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant Opening Apr 9, 2026 2:13 PM Motion
Order - Consolidating Cases Apr 2, 2026 3:45 PM Order - Other
Motion - Unopposed - Consolidate Apr 2, 2026 1:44 PM Motion
Notice - Incoming - Appearance - Contract Counsel - Daniel Eakin for the Appellant Mother Mar 24, 2026 8:52 AM Notice - Incoming
Notice - Outgoing - Other Mar 17, 2026 8:46 AM Notice - Outgoing
Record - Additional Electronic DC Documents Filed for Cause DN 24-098 consisting of 98-116, and Case Register. The additional documents were placed within the electronic case file Mar 17, 2026 8:44 AM Record
Notice - Outgoing - Transcript Filed Mar 10, 2026 1:58 PM Transcript
Record - Electronic Transcripts Filed for Cause No. DN-24-98 of 09/23/2025, 11/18/2025 & 01/27/2026 hearings Mar 10, 2026 1:53 PM Record
Order - Father and Appellant D.L. is hereby granted an extension of time until April 10, 2026 in which to prepare, file and serve Father and Appellant's reply brief. No further extensions will be granted Mar 6, 2026 10:46 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Mar 6, 2026 9:08 AM Motion
Notice - Outgoing - Brief Filed Mar 4, 2026 11:21 AM Notice - Outgoing
Brief - Appellee's Response to Appellant Father's Brief Mar 3, 2026 4:38 PM Appellee Response Brief
Brief - Appellee's Response Mar 3, 2026 4:38 PM Appellee Response Brief
Notice - Incoming - Transcripts Deemed Necessary Feb 13, 2026 8:50 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 11, 2026 12:40 PM Notice - Outgoing
Mother's Notice of Appeal Filed Feb 11, 2026 12:34 PM Other
Notice - Outgoing - Brief Filed Feb 3, 2026 8:17 AM Notice - Outgoing
Brief - Appellant Father's Opening Feb 2, 2026 8:00 AM Appellant Opening Brief
Order - Father and Appellant D.L. is hereby granted an extension of time until January 23, 2026 in which to prepare, file and serve Father and Appellant's opening brief. No further extensions will be granted Dec 4, 2025 9:54 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant Father's Brief (First Request 30 Days) Dec 4, 2025 9:17 AM Motion
Notice - Incoming - Appearance - Gregory Birdsong,, as appointed counsel for D.L. the Appellant/Father, for purposes of this appeal Nov 28, 2025 3:08 PM Notice - Incoming
Notice - Outgoing - District Court Record Filed Nov 14, 2025 4:50 PM Record
Record - Electronic DC Record Filed for Cause DDN 24-098 consisting of 1-97, and Case Register Nov 14, 2025 4:29 PM Record
Notice - Outgoing - Transcript Filed Nov 7, 2025 3:50 PM Transcript
Record - Electronic Transcripts Filed for Cause No. DN-24-098 of 10/29/2024, 11/12/2024, 02/18/2025, 05/20/2025 & 08/12/2025 hearings Nov 7, 2025 3:32 PM Record
Notice - Outgoing - Transcript Filed Oct 29, 2025 12:39 PM Transcript
Record - Electronic Transcript Filed for Cause No. DN-24-098 of 07/12/2024 hearing Oct 29, 2025 11:25 AM Record
Notice - Incoming - Transcripts Deemed Necessary Oct 14, 2025 11:15 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Oct 10, 2025 1:35 PM Notice - Outgoing
Father's Notice of Appeal Filed Oct 10, 2025 1:31 PM Other
Order - IT IS ORDERED THAT the Father's Petition for an Out-of-Time Appeal is GRANTED. IT IS FURTHER ORDERED that the Appellate Defender Division is APPOINTED to represent Father D.L. The Appellate Defender Division shall have thirty days from the date of this Order within which either to file a Notice of Appeal or a Motion to Rescind this Order Appointing Counsel Sep 30, 2025 3:58 PM Order - Other
Event - Sent to Court-Pleading Sep 25, 2025 3:45 PM Event
Petition - Out of Time Appeal Sep 25, 2025 3:39 PM Petition