Rose v. State et al

DA 11-0419 ·Direct Appeal ·Civil ·Closed
Docket DA 11-0419
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed
Lower court case CDV 2010-181
Lower court judge Hon. Kathy Seeley

Key dates

Closed Apr 10, 2012
Classified Feb 15, 2012
Appeal filed Jul 19, 2011
Record filed Aug 26, 2011
Briefing ended Jan 23, 2012
Opinion issued Mar 7, 2012
Briefing started Aug 26, 2011
Rehearing denied Apr 10, 2012
Sent to the court Jan 25, 2012
Rehearing requested Mar 20, 2012
Submitted for decision Jan 25, 2012
Appellant Reply Brief Filed Jan 23, 2012
Appellant Opening Brief Filed Nov 16, 2011
Appellee Response Brief Filed Dec 20, 2011

Calculated

from the docket dates
Appeal filed to briefing start 38
Briefing days 149
Briefing start to opening brief filed 81
Classified to Opinion 20
Close of briefing to sent to court 2
Filing date to Opinion 232
Filing date to closed 266
Opening to response 34
Opinion to closed 34
Response to reply 33
Sent to court to classified 21
Submitted for decision to Opinion 41

Tags

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

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellee
Department of Corrections
Represented by Ira D. Eakin
Appellee
Brian Schweitzer
Represented by Ann Catherine Brodsky
Appellant
Robert Lysle Rose (Deceased)
Represented by Pro Se
Appellant
Barbara Rose
Represented by Pro Se

Opinion

Rose v. State et al, 2012 MT 55N

Affirmed on March 7, 2012, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Apr 12, 2012 3:44 PM Record
Record - DC Record Returned to District Court Apr 10, 2012 4:05 PM Record
Event - Case Closed Apr 10, 2012 4:05 PM Closing Notice
Notice - Outgoing - Remittitur Issued Apr 10, 2012 3:55 PM Closing Notice
Order - Deny-Petition for Rehearing Apr 10, 2012 3:43 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Apr 4, 2012 4:57 PM Event
Response/Objection - Rehearing - copies to court Apr 4, 2012 4:50 PM Response
Petition - Rehearing Mar 20, 2012 2:07 PM Petition
Opinion - Noncite/Memorandum - Baker, affirmed Mar 7, 2012 2:24 PM Opinion
Notice - Incoming - Supplemental Authority (copies to court) Feb 29, 2012 11:38 AM Notice - Incoming
Order - Classified - Five Justice Panel Feb 15, 2012 3:39 PM Classifying Notice
Event - Case Sent to Court Jan 25, 2012 3:07 PM Classifying Notice
Brief - Appellant Reply Jan 23, 2012 2:50 PM Appellant Reply Brief
Order - Deny motion for service pf papers by Court Jan 19, 2012 3:42 PM Order - Other
Event - Sent to Court-Pleading (motion for service of papers) Jan 9, 2012 2:36 PM Event
Extension - Grant of Extension - Appellants are given until 1/23/12 to file their reply brief Jan 3, 2012 3:57 PM Extension
Motion For Service of Papers by Court. placed in SC file Jan 3, 2012 12:07 PM Motion
Motion - Unopposed - Extension of Time - Brief (Appellant Reply) Jan 3, 2012 12:01 PM Motion
Notice - Outgoing - Appellee's Brief filed pursuant to Court order Dec 21, 2011 4:14 PM Notice - Outgoing
Brief - Appellee Dec 20, 2011 4:11 PM Appellee Response Brief
Order - Deficiencies-Brief. Appellee's brief returned for compliance with Rule 12(1)(e), statement of the standard of review. Appellee has 10 days to correct deficiencies and subsequent briefing will run from re-filing of the brief Dec 16, 2011 8:44 AM Order - Deficiency
Notice - Incoming - Governor Schweitzer's Notice to Court (not filing separate Appellee's Brief) Dec 14, 2011 11:53 AM Notice - Incoming
Brief - Appellant Nov 16, 2011 1:01 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellants are granted until 11/16/11 to file their opening brief Oct 28, 2011 1:52 PM Order - Extension
Unopposed Motion and Affidavit for Extension of Time - Brief (Appellants). sent to Court Oct 27, 2011 2:40 PM Motion
Order - the motion for transcripts is DENIED; Roses' brief is due 10/26/11 and should substantially comply with the rules Oct 12, 2011 10:24 AM Order - Other
Extension - Grant of Extension until October 26, 2011, to file Appellant's opening brief Sep 27, 2011 3:48 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) Sep 26, 2011 2:03 PM Motion
Event - Sent to Court-Pleading (motion for court ordered transcripts; response) Sep 20, 2011 10:45 AM Event
Response to Motion for Court Ordered Transcripts Sep 19, 2011 10:44 AM Response
Motion - Opposed - Other (Appellant's Motion for Court Ordered Transcripts). hold for response Sep 13, 2011 12:32 PM Motion
Notice - Outgoing - District Court Record Filed Aug 26, 2011 4:30 PM Record
Record - DC Record Filed (3 folders) Aug 26, 2011 3:47 PM Record
Order - Grant-Proceed Without Pay Jul 20, 2011 4:32 PM Order - Proceed Without Pay
Notice - Outgoing - Appeal Notice Jul 20, 2011 12:24 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 20, 2011 12:14 PM Notice - Incoming
Motion - Unopposed - Waiver of Filing Fee (sent to court) Jul 19, 2011 12:23 PM Motion
Notice - Incoming - Transcripts Deemed Necessary Jul 19, 2011 12:22 PM Notice - Incoming