State v. M. Ailer

DA 22-0347 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0347
Type Direct Appeal — Revocation
Classification Criminal
Outcome Affirmed
Lower court case CDC-2014-98
Lower court judge Hon. Kathy Seeley

Key dates

Closed Dec 28, 2023
Classified Aug 2, 2023
Appeal filed Jun 29, 2022
Record filed Aug 10, 2022
Briefing ended Jun 20, 2023
Opinion issued Nov 28, 2023
Briefing started Aug 10, 2022
Rehearing denied Dec 27, 2023
Sent to the court Jun 21, 2023
Rehearing requested Dec 12, 2023
Submitted for decision Jun 21, 2023
Appellant Reply Brief Filed Jun 20, 2023
Appellant Opening Brief Filed Mar 28, 2023
Appellee Response Brief Filed May 24, 2023

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 313
Briefing start to opening brief filed 229
Classified to Opinion 118
Close of briefing to sent to court 1
Filing date to Opinion 517
Filing date to closed 547
Opening to response 57
Opinion to closed 29
Response to reply 26
Sent to court to classified 42
Submitted for decision to Opinion 160

Tags

Affirmed Closed Five Justice Panel Non-cite opinion Rehearing denied Rehearing requested

Parties

Appellee
State of Montana
Represented by Selene Marie Koepke
Appellant
Matthew Ryan Ailer (prohibited filer)
Represented by Pro Se

Opinion

State v. M. Ailer, 2023 MT 231N

Affirmed on November 28, 2023, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed Dec 28, 2023 10:07 AM Closing Notice
Record - DC Record Returned to District Court - Exhibits consisting of four (4) 3-ring binders Dec 28, 2023 10:04 AM Record
Order - Deny-Petition for Rehearing Dec 27, 2023 4:30 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Dec 19, 2023 9:11 AM Event
Response/Objection - Appellee's Objection to Petition for Rehearing Dec 19, 2023 8:40 AM Response
Petition - Rehearing (Held for Response) Dec 12, 2023 3:41 PM Petition
Opinion - Noncite/Memorandum - Justice Shea - Affirmed Nov 28, 2023 3:16 PM Opinion
Event - Sent to Court-Pleading Nov 8, 2023 3:20 PM Event
Motion - Opposed - For the Court to take judicial notice pursuant to Mont. R Evid. 201 & 202. (Held for response) Oct 25, 2023 3:19 PM Motion
Order - Classified - Five Justice Panel Aug 2, 2023 11:06 AM Classifying Notice
Event - Case Sent to Court Jun 21, 2023 9:00 AM Classifying Notice
Brief - Appellant Reply Jun 20, 2023 8:59 AM Appellant Reply Brief
Event - Sent to Court-Pleading Jun 15, 2023 2:08 PM Event
Notice to the Court Jun 15, 2023 2:04 PM Notice
Order - Grant - Extension of Time - Appellant is granted until 6/21/23 to file the reply brief; no further extensions will be granted Jun 5, 2023 3:02 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief - sent to Court w/SC file Jun 2, 2023 4:27 PM Motion
Brief - Appellee's Response May 24, 2023 1:54 PM Appellee Response Brief
Extension - Appellee is granted an extension of time to and including May 27, 2023, within which to prepare, serve, and file its response brief Apr 25, 2023 11:19 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 25, 2023 9:00 AM Motion
Order - the motion to seal is GRANTED Apr 4, 2023 3:05 PM Order - Other
Motion - Unopposed - Seal Exhibit C to Appellant's Opening Brief. sent to Court Apr 3, 2023 11:22 AM Motion
Brief - Appellant's Opening Mar 28, 2023 8:55 AM Appellant Opening Brief
Motion - Unopposed - Extension of Time - Appellant's Opening Brief. sent to Court Mar 8, 2023 10:42 AM Motion
Order - Ailer's motion to supplement the record with the Brady and Exculpatory Evidence is DENIED Mar 6, 2023 9:35 AM Order - Other
Order - Grant - Extension of Time to 9 mar 2023 for opening brief Feb 9, 2023 4:24 PM Order - Extension
Event - Sent to Court-Pleading (motion to supplement; objection) Feb 9, 2023 11:11 AM Event
Response/Objection - Response to Motion to Supplement Feb 9, 2023 10:45 AM Response
Motion - Opposed - Supplement the Record with the Brady and Exculpatory Evidence. held for objection Feb 8, 2023 11:17 AM Motion
Motion - Unopposed - Extension of Time - Appellant's Opening Brief. sent to Court Feb 6, 2023 11:24 AM Motion
Order - Appellant's brief shall not exceed 12,500 words Jan 17, 2023 3:56 PM Order - Other
Event - Sent to Court-Pleading (motion to file overlength brief; objection) Jan 13, 2023 4:40 PM Event
Response/Objection - Response to Motion to File Overlength Brief Jan 13, 2023 3:33 PM Response
Motion - Opposed - Brief - Enlarged. held for objection Jan 11, 2023 3:49 PM Motion
Order - Grant - Extension of Time to February 8, 2023 to file Appellant's Brief Jan 9, 2023 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief - sent to Court w/SC file Jan 6, 2023 3:07 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/9/23 to file the opening brief Dec 8, 2022 2:53 PM Order - Extension
Motion - Unopposed - Hard Copy Sent in Mail - Motion and Affidavit for Second or Subsequent Extension - Sent to court with Green File Dec 7, 2022 2:59 PM Motion
Order - Grant - Extension of Time to December 9, 2022 to file Appellant's Brief Nov 9, 2022 4:56 PM Order - Extension
Motion - Motion and Affidavit for Second or Subsequent Extension - Opening Brief. sent to Court Nov 7, 2022 2:40 PM Motion
Order - Grant - Extension of Time - Until November 9, 2022 for opening brief Oct 7, 2022 3:35 PM Order - Extension
Motion - Extension of Time - Brief - Pro Se Appellant's Opening Brief Oct 6, 2022 3:05 PM Motion
Order - Denying, as moot, the Motion to Allow the Appellant to Submit Electronic Transcripts from DA 16-0240 regarding CDC-2014-98 Sep 14, 2022 4:50 PM Order - Other
Event - Sent to Court-Pleading (motion to supplement record with transcripts) Sep 6, 2022 10:21 AM Event
Extension - Grant of Extension to October 9, 2022 to file Appellant's Brief Sep 2, 2022 3:13 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Sep 2, 2022 3:10 PM Motion
Motion - Opposed - Supplement the Record with transcripts from DA 16-0240 (disks of transcripts in green file, not court reporter's) - held for response Aug 26, 2022 2:59 PM Motion
Order - Appellant's opposed motion for the stricken exhibits to be part of the DC is DENIED as moot Aug 25, 2022 10:45 AM Order - Other
Event - Sent to Court-Pleading (for the Stricken Exhibits to be part of the District Court Record ) no response Aug 16, 2022 10:56 AM Event
Notice - Outgoing - Exhibits Filed Aug 12, 2022 8:56 AM Notice - Outgoing
Record - Exhibits Filed consisting of four (4) 3-ring binders Aug 11, 2022 8:55 AM Record
Notice - Outgoing - District Court Record Filed Aug 10, 2022 11:45 AM Record
DC Record Filed for Cause No. CDC 2014-98 consisting of electronic documents 1-271 and Case Register Report Aug 10, 2022 11:22 AM Record
Motion - Opposed - for the Stricken Exhibits to be part of the District Court Record - held for response Aug 3, 2022 10:46 AM Motion
Notice - Outgoing - Appeal Notice Jun 30, 2022 11:08 AM Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary Jun 29, 2022 11:08 AM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed Jun 29, 2022 11:07 AM Notice - Incoming