State v. K. Pennington

DA 20-0608 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0608
Type Direct Appeal — Revocation
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DDC-2016-197
Lower court judge Hon. Christopher D. Abbott

Key dates

Closed Oct 6, 2022
Classified Jul 27, 2022
Appeal filed Dec 21, 2020
Record filed Jan 29, 2021
Briefing ended Jun 20, 2022
Opinion issued Sep 20, 2022
Briefing started Feb 9, 2021
Transcript filed Feb 9, 2021
Sent to the court Jun 20, 2022
Submitted for decision Jun 20, 2022
Appellant Reply Brief Filed Jun 20, 2022
Appellant Opening Brief Filed Feb 9, 2022
Appellee Response Brief Filed May 6, 2022

Calculated

from the docket dates
Appeal filed to briefing start 50
Briefing days 495
Briefing start to opening brief filed 364
Classified to Opinion 55
Close of briefing to sent to court 0
Filing date to Opinion 638
Filing date to closed 654
Opening to response 85
Opinion to closed 16
Response to reply 44
Sent to court to classified 36
Submitted for decision to Opinion 91

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Leo John Gallagher
Appellant
Kayla Dawn Pennington
Represented by James Richard Reavis

Opinion

State v. K. Pennington, 2022 MT 180

Affirmed in part, reversed in part on September 20, 2022, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Oct 25, 2022 12:19 PM Record
Record - DC Record Returned to District Court (Exhibits only) Oct 7, 2022 4:11 PM Record
Event - Case Closed Oct 6, 2022 4:10 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Oct 6, 2022 11:37 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Oct 6, 2022 11:33 AM Closing Notice
Opinion - Published - Justice McGrath, affirmed in part, reversed in part and remanded Sep 20, 2022 2:32 PM Opinion
Order - Classified - Five Justice Panel Jul 27, 2022 10:55 AM Classifying Notice
Event - Case Sent to Court Jun 20, 2022 4:23 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jun 20, 2022 4:22 PM Notice - Outgoing
Brief - Appellant Reply Jun 20, 2022 11:57 AM Appellant Reply Brief
Order - Appellant is given an extension of time until June 20, 2022, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted May 17, 2022 10:00 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) May 17, 2022 9:03 AM Motion
Notice - Outgoing - Brief Filed - Appellee May 6, 2022 2:18 PM Notice - Outgoing
Brief - Appellee's Response May 6, 2022 1:28 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until May 7, 2022 to file the response brief Mar 31, 2022 4:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellee Response) Mar 31, 2022 2:17 PM Motion
Extension - Appellee is granted an extension of time to and including April 7, 2022, within which to prepare, serve, and file its response brief Feb 28, 2022 3:05 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Feb 28, 2022 10:56 AM Motion
Notice - Outgoing - Appellant's Brief Filed Feb 10, 2022 8:55 AM Notice - Outgoing
Brief - Appellant's Opening Feb 9, 2022 3:42 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 2/11/22 to file the opening brief Jan 5, 2022 11:28 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening Brief) Jan 5, 2022 8:40 AM Motion
Order - Appellant is granted an extension of time to and including January 12, 2022, within which to prepare, file, and serve Appellant's opening brief Dec 1, 2021 1:34 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 1, 2021 1:14 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including December 13, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 8, 2021 4:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate Defender Division, and respectfully requests an extension of time until December 13, 2021, in which to prepare, file, and serve the opening brief Nov 5, 2021 1:34 PM Motion
Order - Grant - Extension of Time - Appellant is granted until November 11, 2021 to file the opening brief Oct 7, 2021 2:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 7, 2021 10:08 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 12, 2021, within which to prepare, file, and serve Appellant's opening brief Sep 3, 2021 4:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 3, 2021 11:58 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 10, 2021, within which to prepare, file, and serve Appellant's opening brief Aug 6, 2021 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 5, 2021 5:07 PM Motion
Order - Appellant is granted an extension of time to and including August 11, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 6, 2021 4:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Until August 11, 2021, in which to prepare, file, and serve the Appellant's opening brief Jul 6, 2021 2:58 PM Motion
Order - Appellant is granted an extension of time to and including July 12, 2021, within which to prepare, file, and serve Appellant's opening brief Jun 7, 2021 4:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 7, 2021 12:22 PM Motion
Order - Appellant is granted an extension of time to and including June 11, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal May 5, 2021 4:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) May 5, 2021 11:59 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 5/12/21 to file the opening brief Apr 5, 2021 5:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 5, 2021 3:54 PM Motion
Extension - Grant of Extension - Appellant is given until April 12, 2021 to file the opening brief Mar 18, 2021 3:02 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Mar 18, 2021 11:14 AM Motion
Notice - Outgoing - Transcript Filed Feb 9, 2021 4:43 PM Transcript
Electronic Transcripts Filed of September 29, 2020 Evidentiary; October 27, 2020 Evidentiary; and November 12, 2020 Sentencing hearings Feb 9, 2021 4:35 PM Other
Notice - Outgoing - Exhibits Filed Feb 1, 2021 8:42 AM Notice - Outgoing
Record - Exhibits Filed - 2 envelopes Feb 1, 2021 8:42 AM Record
Notice - Outgoing - District Court Record Filed Jan 29, 2021 9:38 AM Record
DC Record Filed for Cause No. DDC 16-197 consisting of electronic documents 1-162 and Case Register Report Jan 29, 2021 9:37 AM Record
Notice - Outgoing - Transcript Filed Jan 19, 2021 1:50 PM Transcript
Record - Transcript Filed - electronically transmitted transcript of 11/8/17 hearing Jan 19, 2021 1:11 PM Record
Notice - Incoming - Appearance - Chad Wright for Appellant Jan 14, 2021 12:16 PM Notice - Incoming
Order - Motion to withdraw as counsel is GRANTED. Motion for appointment of counsel is GRANTED. The Appellate Defender Division shall have thirty (30) days from the date of this Order within which to file either a Notice of Appearance or a motion to rescind this Order appointing counsel Dec 23, 2020 1:10 PM Order - Other
Notice - Outgoing - Appeal Notice Dec 21, 2020 3:08 PM Notice - Outgoing
Motion - Withdrawal of Counsel. copy to Court Dec 21, 2020 3:07 PM Motion
Notice - Incoming - Notice of Appeal Filed Dec 21, 2020 3:06 PM Notice - Incoming