State v. Kelly Clark

DA 07-0099 ·Direct Appeal ·Criminal ·Closed
Docket DA 07-0099
Type Direct Appeal — Sexual Assault
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 02-99
Lower court judge Hon. Deborah K. Christopher

Key dates

Closed Dec 12, 2008
Classified Aug 21, 2008
Appeal filed Feb 2, 2007
Record filed Mar 14, 2007
Briefing ended Nov 5, 2007
Opinion issued Nov 20, 2008
Briefing started Mar 14, 2007
Sent to the court Nov 6, 2007
Submitted for decision Nov 6, 2007
Appellant Reply Brief Filed Nov 5, 2007
Appellant Opening Brief Filed May 14, 2007
Appellee Response Brief Filed Aug 20, 2007

Calculated

from the docket dates
Appeal filed to briefing start 40
Briefing days 236
Briefing start to opening brief filed 61
Classified to Opinion 91
Close of briefing to sent to court 1
Filing date to Opinion 657
Filing date to closed 679
Opening to response 98
Opinion to closed 22
Response to reply 76
Sent to court to classified 288
Submitted for decision to Opinion 379

Tags

Affirmed in part, reversed in part Closed En Banc Five Justice Panel Published opinion Reclassified En Banc

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
Kelly Dale Clark
Represented by James B. Wheelis

Opinion

State v. Kelly Clark, 2008 MT 391

Affirmed in part, reversed in part on November 20, 2008, in a 4 to 1 with 2 concurring published opinion.

Events

most recent first
Event - Case Closed Dec 12, 2008 4:20 PM Closing Notice
Record - DC Record Returned to District Court Dec 12, 2008 4:20 PM Record
Notice - Outgoing - Remittitur Issued Dec 12, 2008 3:06 PM Closing Notice
Opinion - Published - Cotter - affirmed in part, reversed in part and remanded Nov 20, 2008 3:46 PM Opinion
Order - this appeal is reclassified on briefs en banc Aug 21, 2008 9:57 AM Classifying Notice
Order - Classified - Five Justice Panel Apr 2, 2008 1:46 PM Classifying Notice
Event - Case Sent to Court Nov 6, 2007 4:24 PM Classifying Notice
Brief - Appellant Reply Nov 5, 2007 4:22 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 11/5/07 to file the reply brief Oct 24, 2007 4:49 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant Reply) sent to Court Oct 22, 2007 10:24 AM Motion
Notice - Incoming - of Similar Issues. Send up with Briefs Oct 19, 2007 4:20 PM Notice - Incoming
Order - Grant - Extension of Time until October 22, 2007, to file appellant's reply brief Sep 19, 2007 9:46 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Sep 17, 2007 8:50 AM Motion
Order - Grant - Extension of Time until September 21, 2007, to file Appellant's Reply brief Aug 29, 2007 11:07 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Aug 27, 2007 9:42 AM Motion
Brief - Respondent Aug 20, 2007 4:36 PM Appellee Response Brief
Order - Grant - Extension of Time - Respondent is granted until 8/18/07 to file its brief Jul 12, 2007 4:49 PM Order - Extension
Motion - Unopposed - Extension of Time - Respondent' s Brief. To Court Jul 12, 2007 10:01 AM Motion
Order - Grant - Extension of Time until July 18, 2007, to file Respondent's Brief Jun 14, 2007 10:49 AM Order - Extension
Motion - Unopposed - Extension of Time - Respondent's Brief. To Court Jun 13, 2007 10:26 AM Motion
Notice - Incoming - Case Issues - Appellant May 15, 2007 3:48 PM Notice - Incoming
Brief - Appellant May 14, 2007 3:39 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 5/14/07 to file his opening brief Apr 13, 2007 9:58 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Apr 12, 2007 4:35 PM Motion
Notice - Incoming - Appearance (Jim Wheelis) Mar 28, 2007 9:06 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Mar 14, 2007 11:12 AM Record
Record - DC Record/Transcript Filed (3 red folders; 3 original transcripts w/2 copies) Mar 14, 2007 11:11 AM Record
Notice - Incoming - Appearance (Jim Wheelis for Kelly Clark) Mar 13, 2007 10:57 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 5, 2007 10:44 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed in DC on 2/1/07 Feb 2, 2007 10:43 AM Notice - Incoming