State v. W. Whitaker

DA 22-0083 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0083
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC-18-468
Lower court judge Hon. John W. Larson

Key dates

Closed Nov 22, 2024
Classified Apr 24, 2024
Appeal filed Feb 14, 2022
Record filed Apr 12, 2022
Briefing ended Feb 23, 2024
Opinion issued Nov 6, 2024
Briefing started Jul 7, 2022
Transcript filed Jul 7, 2022
Sent to the court Feb 26, 2024
Submitted for decision Feb 26, 2024
Appellant Reply Brief Filed Feb 23, 2024
Appellant Opening Brief Filed Oct 4, 2023
Appellee Response Brief Filed Jan 11, 2024

Calculated

from the docket dates
Appeal filed to briefing start 143
Briefing days 595
Briefing start to opening brief filed 454
Classified to Opinion 196
Close of briefing to sent to court 3
Filing date to Opinion 996
Filing date to closed 1,012
Opening to response 99
Opinion to closed 15
Response to reply 42
Sent to court to classified 57
Submitted for decision to Opinion 254

Tags

Closed Final Order Issued Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
Wes Lee Whitaker
Represented by Tammy Ann Hinderman

Opinion

State v. W. Whitaker, 2024 MT 255

Reversed on November 6, 2024, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Dec 4, 2024 2:32 PM Record
Record - DC Record Return Delivery Notice Filed - email on tracking number Dec 4, 2024 10:45 AM Record
Event - Case Closed - electronic records Nov 22, 2024 9:21 AM Closing Notice
Record - DC Record Returned to District Court - EXHIBITS ONLY Nov 22, 2024 9:15 AM Record
Notice - Outgoing - Opinion Release Notice Issued Nov 22, 2024 9:09 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Nov 22, 2024 8:19 AM Closing Notice
Opinion - Published: Justice Rice AFFIRMED in part, REVERESED in part and REMANDED Nov 6, 2024 3:36 PM Opinion
Notice - Incoming - Attorney Substitution - TAMMY PLUBELL Jul 31, 2024 3:02 PM Notice - Incoming
Event - Sent to Court-Pleading May 10, 2024 10:24 AM Event
Notice - Incoming - Appellant's Supplemental Authority May 10, 2024 10:20 AM Notice - Incoming
Order - Classified - Five Justice Panel Apr 24, 2024 12:46 PM Classifying Notice
Event - Case Sent to Court Feb 26, 2024 1:09 PM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant's Reply Feb 23, 2024 12:40 PM Notice - Outgoing
Brief - Appellant Reply Feb 23, 2024 9:40 AM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension to February 26, 2024, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Jan 22, 2024 11:27 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Brief Jan 19, 2024 9:24 AM Motion
Notice - Outgoing - Brief Filed Jan 12, 2024 8:18 AM Notice - Outgoing
Brief - Appellee's Response Jan 11, 2024 2:46 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including February 1, 2024, within which to prepare, file, and serve the State's response brief Dec 19, 2023 11:56 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Dec 19, 2023 11:30 AM Motion
Order - Grant - Extension of Time - Appellee is granted an to January 2, 2024, to prepare, file, and serve the State's response brief Nov 20, 2023 3:53 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Nov 20, 2023 2:02 PM Motion
Order - Deny - IT IS ORDERED that Whitaker's Motion to Stay Proceedings is DENIED Nov 7, 2023 12:51 PM Order - Other
Event - Sent to Court-Pleading Oct 27, 2023 8:55 AM Event
Response/Objection - Response to Motion Oct 27, 2023 8:45 AM Response
Extension - Grant of Extension - Appellee is granted an extension of time to and including December 3, 2023, within which to prepare, file, and serve its response brief Oct 24, 2023 4:06 PM Extension
Order - Denying Petition for Rehearing of denial of appointment of counsel and staying proceeding Oct 24, 2023 3:48 PM Order - Petition for Rehearing Denied
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Oct 24, 2023 11:30 AM Motion
Motion to Stay Proceedings with Supporting Affidavit - held for response Oct 19, 2023 2:29 PM Motion
Motion - For Appellant to Proceed Pro se and Request Stand-by Counsel - sent to Court w/SC file Oct 11, 2023 9:57 AM Motion
Notice - Outgoing - Brief Filed - Appellant's Opening Oct 4, 2023 2:58 PM Notice - Outgoing
Brief - Appellant's Opening Oct 4, 2023 12:47 PM Appellant Opening Brief
Order - Denied and Dismissed - Motion to Disqualify the Appellate Defenders Division Oct 3, 2023 3:24 PM Final Order
Event - Sent to Court-Pleading Sep 29, 2023 4:29 PM Event
Motion - Motion for Substitution of Counsel - copy to court Sep 28, 2023 3:02 PM Motion
Other - Other Clerk's office received a document that could have been deemed a Motion for Substitution of Counsel. It was returned for lack of service Sep 20, 2023 1:13 PM Other
Order - Appellant is granted an extension of time to and including October 6, 2023, within which to prepare, file, and serve Appellant's opening brief Aug 29, 2023 9:20 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 28, 2023 3:19 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 6, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 25, 2023 3:43 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 25, 2023 2:37 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 7, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 27, 2023 3:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Assistant Appellate Defender for the Appellate Defender Division, and respectfully requests an extension of time until August 7, 2023, in which to prepare, file, and serve the Appellant's opening Jun 27, 2023 3:43 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 7, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal May 31, 2023 10:14 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 30, 2023 4:55 PM Motion
Order - Appellant is granted an extension of time to and including June 7, 2023, within which to prepare, file, and serve Appellant's opening brief Apr 25, 2023 2:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 25, 2023 12:47 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 5/8/23 to file the opening brief Mar 30, 2023 9:10 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 30, 2023 8:34 AM Motion
Order - Appellant is granted an extension of time to and including April 7, 2023, within which to prepare, file, and serve Appellant's opening brief Mar 1, 2023 10:03 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 1, 2023 8:52 AM Motion
Order - Appellant is granted an extension of time to and including March 8, 2023, within which to prepare, file, and serve Appellant's opening brief Jan 30, 2023 10:08 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 30, 2023 9:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 6, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 27, 2022 1:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 27, 2022 10:38 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 6, 2023, within which to prepare, file, and serve Appellant's opening brief Nov 28, 2022 3:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Nov 28, 2022 12:14 PM Motion
Order - Appellant is given an extension of time until December 7, 2022, to prepare, file, and serve the Appellant's opening brief Oct 27, 2022 11:28 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 27, 2022 11:06 AM Motion
Order - Appellant is granted an extension of time to and including November 7, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 30, 2022 6:24 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 30, 2022 10:39 AM Motion
Order - Appellant is granted an extension of time to and including October 7, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 2, 2022 4:18 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 2, 2022 8:45 AM Motion
Extension - Grant of Extension - Appellant is given an extension of time until September 7, 2022, to prepare, file, and serve the Appellant's opening brief Aug 8, 2022 3:44 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Aug 8, 2022 1:09 PM Motion
Record - Transcript Filed Jul 7, 2022 12:43 PM Record
Notice - Outgoing - Transcript Filed Jul 7, 2022 9:53 AM Transcript
Notice of Service of Transcripts Jul 6, 2022 5:19 PM Notice
Electronic Transcript Filed of 5/20/20; 5/27/20; 6/17/20; 6/26/20; 7/10/20; 7/31/20; 8/5/20; 8/14/20; 8/19/20; 9/8/20; 10/7/20; 12/1/20; 12/23/20; 1/13/21; 1/20/21/ 1/25/21; 1/26;21; 3/9/21; 3/17/21; 5/19/21; 6/9/21; 6/15/21; 6/16/21; 6/18;21; 6/21/21; 6/22/21; 6/23/21; 6/24/21; and 12/15/21 hearings Jul 6, 2022 5:08 PM Other
Order - Grant - Extension of Time - Court Reporter is granted until 7/6/22 to file the requested transcripts on appeal May 5, 2022 4:36 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript May 5, 2022 3:23 PM Motion
Notice - Outgoing - Exhibits Filed Apr 15, 2022 3:46 PM Notice - Outgoing
Record - Exhibits Filed consisting of one (1) disk of exhibits Apr 15, 2022 3:45 PM Record
Notice - Outgoing - District Court Record Filed Apr 12, 2022 9:02 AM Record
DC Record Filed for Cause No. DC-18-468 consisting of electronic documents 1-388; electronic Exhibits and Case Register Report Apr 12, 2022 8:59 AM Record
Notice - Outgoing - Transcript Filed Mar 24, 2022 8:26 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 11/27/19, 1/8/20, 2/14/20, 3/19/20 and 4/22/20 hearings Mar 23, 2022 11:11 PM Record
Order - the motion to Consolidate is GRANTED and will proceed under DA 22-0083 Mar 21, 2022 2:38 PM Order - Other
Motion - Unopposed - Consolidate Mar 21, 2022 10:23 AM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - Jennifer Wells is granted an extension of time until May 17, 2022, within which to submit the transcripts on appeal Mar 7, 2022 3:18 PM Ruling
Notice - Incoming - Transcripts Deemed Necessary Feb 14, 2022 2:54 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 14, 2022 2:39 PM Notice - Outgoing
Notice of Appeal Filed Feb 14, 2022 2:33 PM Notice