State v. D. Demarie

DA 23-0017 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0017
Type Direct Appeal — Escape
Classification Criminal
Outcome Affirmed
Lower court case DC-21-47
Lower court judge Hon. Ray J. Dayton

Key dates

Closed Jun 19, 2025
Classified Feb 5, 2025
Appeal filed Jan 4, 2023
Record filed Jan 5, 2023
Briefing ended Dec 2, 2024
Opinion issued Jun 3, 2025
Briefing started Feb 13, 2023
Transcript filed Feb 13, 2023
Sent to the court Dec 2, 2024
Submitted for decision Dec 2, 2024
Appellant Reply Brief Filed Dec 2, 2024
Appellant Opening Brief Filed Jun 13, 2024
Appellee Response Brief Filed Oct 18, 2024

Calculated

from the docket dates
Appeal filed to briefing start 40
Briefing days 657
Briefing start to opening brief filed 485
Classified to Opinion 118
Close of briefing to sent to court 0
Filing date to Opinion 881
Filing date to closed 897
Opening to response 127
Opinion to closed 15
Response to reply 44
Sent to court to classified 65
Submitted for decision to Opinion 183

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
Darren Charles Demarie
Represented by Tammy Ann Hinderman

Opinion

State v. D. Demarie, 2025 MT 115

Affirmed on June 3, 2025, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Jun 19, 2025 8:28 AM Closing Notice
Record - DC Record Returned to District Court - exhibits only Jun 19, 2025 8:27 AM Record
Notice - Outgoing - Opinion Release Notice Issued Jun 19, 2025 8:24 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 19, 2025 8:18 AM Closing Notice
Opinion - Published - Chief Justice Swanson - Affirmed Jun 3, 2025 3:09 PM Opinion
Order - Classified - Five Justice Panel Feb 5, 2025 12:55 PM Classifying Notice
Event - Case Sent to Court Dec 2, 2024 12:48 PM Classifying Notice
Notice - Outgoing - Brief Filed Dec 2, 2024 12:47 PM Notice - Outgoing
Brief - Appellant Reply Dec 2, 2024 11:19 AM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including December 2, 2024, within which to prepare, file, and serve Appellant's reply brief on appeal. No further extensions of time will be granted Oct 25, 2024 3:28 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Reply Brief Oct 23, 2024 9:51 AM Motion
Notice - Outgoing - Brief Filed Oct 21, 2024 11:53 AM Notice - Outgoing
Notice - Incoming - Attorney Substitution/Withdrawal - Tammy Plubell in place of AAG Michael Dougherty Oct 21, 2024 10:01 AM Notice - Incoming
Brief - Appellee's Response Oct 18, 2024 4:39 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including November 11, 2024, within which to prepare, file, and serve its response brief Oct 7, 2024 8:00 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Oct 3, 2024 1:37 PM Motion
Order - Appellee is granted an extension of time to and including October 11, 2024, within which to prepare, file, and serve its response brief Sep 3, 2024 6:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Sep 3, 2024 11:32 AM Motion
Order - Appellee is granted an extension of time to and including September 11, 2024, within which to prepare, file, and serve its response brief Jul 31, 2024 4:29 PM Order - Extension
Motion - Unopposed - (Appellee Response) Motion and Affidavit for Second or Subsequent Extension Jul 31, 2024 11:55 AM Motion
Extension - Appellee is granted an extension of time to and including August 12, 2024, within which to prepare, serve, and file its response brief Jul 12, 2024 3:31 PM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Jul 12, 2024 8:54 AM Motion
Notice - Outgoing - Brief Filed Jun 13, 2024 10:39 AM Notice - Outgoing
Brief - Appellant's Opening Jun 13, 2024 9:17 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including June 13, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal May 6, 2024 10:16 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 6, 2024 9:15 AM Motion
Order -Appellant is granted an extension to May 13, 2024, to prepare, file, and serve Appellant's opening brief Apr 3, 2024 4:55 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 3, 2024 11:20 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 11, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 1, 2024 11:53 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Feb 29, 2024 1:38 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 11, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 2, 2024 4:26 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Feb 2, 2024 10:44 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 12, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 29, 2023 2:55 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 29, 2023 12:25 PM Motion
Order - Grant - Appellant is granted an extension of time to and including January 12, 2024, within which to prepare, file, and serve Appellant's Opening Brief Dec 5, 2023 3:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 5, 2023 9:37 AM Motion
Notice - Incoming - Appellate Defender Appearance - NATHAN ELLIS Dec 5, 2023 9:26 AM Notice - Incoming
Motion - Unopposed - Extension of Time - Brief - Appellant's Opening Brief Dec 5, 2023 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including December 13, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 6, 2023 12:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Nov 6, 2023 11:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to November 13, 2023, to prepare, file, and serve Appellant's opening brief Oct 6, 2023 12:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's opening brief Oct 6, 2023 10:58 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to October 13, 2023, to prepare, file, and serve Appellant's opening brief Sep 6, 2023 12:44 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 6, 2023 10:20 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 13, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 8, 2023 1:01 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 7, 2023 6:07 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 14, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 10, 2023 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 7, 2023 12:02 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 14, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 7, 2023 10:52 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 7, 2023 9:22 AM Motion
Order - Appellant is granted an extension of time to and including June 14, 2023, within which to prepare, file, and serve Appellant's opening brief May 8, 2023 3:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 8, 2023 11:17 AM Motion
Order - Appellant is granted an extension of time to and including May 15, 2023, within which to prepare, file, and serve Appellant's opening brief Apr 5, 2023 10:45 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 5, 2023 8:44 AM Motion
Extension - Grant of Extension - Appellant is granted until 4/14/23 to file the opening brief Mar 8, 2023 4:18 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Mar 8, 2023 10:49 AM Motion
Notice - Outgoing - Transcript Filed Feb 13, 2023 4:36 PM Transcript
Electronic Transcripts Filed of May 25, 2021 (Initial Appearance); January 18, 2022 (Status); June 23 & 24, 2022 (Bench Trial); and October 20, 2022 (Sentencing) hearings Feb 13, 2023 4:08 PM Other
Notice - Outgoing - Exhibits Filed Jan 9, 2023 4:44 PM Notice - Outgoing
Record - Exhibits Filed consisting of one(1) 3-ring binder Jan 9, 2023 4:44 PM Record
Notice - Outgoing - District Court Record Filed Jan 5, 2023 10:03 AM Record
DC Record Filed for Cause No. DC-21-47 consisting of electronic documents 1-46 and Case Register Report Jan 5, 2023 10:01 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jan 4, 2023 4:52 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jan 4, 2023 2:48 PM Notice - Outgoing
Notice of Appeal Filed Jan 4, 2023 12:45 PM Notice