State v. A. Smith

DA 22-0484 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0484
Type Direct Appeal — Homicide-Deliberate
Classification Criminal
Outcome Affirmed
Lower court case DC-21-2
Lower court judge Hon. Jon A. Oldenburg

Key dates

Closed Dec 29, 2025
Classified Feb 14, 2025
Appeal filed Aug 25, 2022
Record filed Oct 21, 2022
Oral argument Apr 4, 2025
Briefing ended Dec 26, 2024
Opinion issued Dec 9, 2025
Briefing started Nov 22, 2022
Transcript filed Nov 22, 2022
Sent to the court Dec 26, 2024
Submitted for decision Apr 4, 2025
Appellant Reply Brief Filed Dec 26, 2024
Appellant Opening Brief Filed May 31, 2024
Appellee Response Brief Filed Nov 12, 2024

Calculated

from the docket dates
Appeal filed to briefing start 89
Briefing days 765
Briefing start to opening brief filed 556
Classified to Opinion 298
Close of briefing to sent to court 0
Filing date to Opinion 1,202
Filing date to closed 1,222
Opening to response 165
Opinion to closed 19
Oral argument to Opinion 249
Response to reply 43
Sent to court to classified 49
Sent to court to oral argument 98
Submitted for decision to Opinion 348

Tags

Affirmed Closed En Banc Oral Argument Published opinion

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
Andrew John Smith
Represented by Tammy Ann Hinderman

Opinion

State v. A. Smith, 2025 MT 281

Affirmed on December 9, 2025, in a 7 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 12, 2026 2:20 PM Record
Record - DC Record Returned to District Court Dec 29, 2025 8:54 AM Record
Event - Case Closed Dec 29, 2025 8:53 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 29, 2025 8:43 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 29, 2025 8:37 AM Closing Notice
Opinion - Published - Chief Justice Swanson - Affirmed Dec 9, 2025 3:11 PM Opinion
Event - Oral Argument Presented - Colin Stephens argued for the appellant. Roy Brown argued for the Appellee. The matter was submitted at 11:04 a.m Apr 4, 2025 11:04 AM Event
Notice - Incoming - Receipt of Oral Argument - COLIN STEPHENS Feb 21, 2025 2:40 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - Roy Brown Feb 19, 2025 10:45 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Feb 19, 2025 10:27 AM Notice - Outgoing
Order - This cause is classified for oral argument before the Court sitting en banc and is hereby set for argument on Friday, April 4, 2025, at 10:00 a.m. in the Dennison Theatre on the campus of University of Montana, Missoula, Montana, with an introduction to the oral argument beginning at 9:30 a.m. IT IS FURTHER ORDERED that pursuant to M. R. App. P. 17(3), oral argument times in this cause number shall be forty (40) minutes for Appellants and thirty (30) minutes for Appellees Feb 14, 2025 8:52 AM Classifying Notice
Event - Case Sent to Court Dec 26, 2024 3:03 PM Classifying Notice
Notice - Outgoing - Brief Filed Dec 26, 2024 3:02 PM Notice - Outgoing
Brief - Appellant Reply Dec 26, 2024 12:08 PM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including December 26, 2024, within which to prepare, file, and serve Appellant's reply brief. No further extensions will be granted Nov 19, 2024 10:13 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief - First Request - Appellant's Reply Brief Nov 19, 2024 9:11 AM Motion
Notice - Outgoing - Brief Filed Nov 13, 2024 9:04 AM Notice - Outgoing
Brief - Appellee's Response Nov 12, 2024 3:55 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including November 12, 2024, within which to prepare, file, and serve its response brief Sep 18, 2024 4:43 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Sep 18, 2024 4:14 PM Motion
Order - Appellee is granted an extension of time to and including September 28, 2024, within which to prepare, file, and serve its response brief Jul 24, 2024 9:03 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Response Brief) Jul 23, 2024 3:15 PM Motion
Extension - Appellee is granted an extension of time to and including July 30, 2024, within which to prepare, serve, and file its response brief Jun 19, 2024 3:44 PM Extension
Motion - Unopposed - Extension of Time - Appellee Brief (First Request 30 Days) Jun 19, 2024 3:11 PM Motion
Notice - Outgoing - Brief Filed May 31, 2024 4:29 PM Notice - Outgoing
Brief - Appellant's Opening May 31, 2024 2:30 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 28, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 26, 2024 1:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (OPENING) Apr 26, 2024 10:11 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 27, 2024 11:58 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Mar 27, 2024 9:38 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 27, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 26, 2024 2:52 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 26, 2024 12:30 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 26, 2024, within which to prepare, file, and serve Appellant's opening brief Jan 26, 2024 12:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 26, 2024 10:58 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to January 26, 2024 to prepare, file, and serve the Appellant's Opening brief Dec 28, 2023 1:23 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Dec 28, 2023 10:09 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time until December 27, 2023 to prepare, file, and serve the Appellant's Opening brief on appeal Nov 28, 2023 10:48 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 27, 2023 4:08 PM Motion
Order - Appellant is granted an extension of time to and including November 27, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 23, 2023 3:51 PM Order - Extension
Motion - Appellant's Extension of Time - Brief Oct 23, 2023 3:29 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to October 23, 2023, to prepare, file, and serve Appellant's opening brief Sep 15, 2023 1:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 14, 2023 3:47 PM Motion
Notice - Incoming - Appearance - Colin Stephens, appointment as Contract Counsel for Appellant Aug 30, 2023 1:08 PM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 22, 2023, within which to prepare, file, and serve Appellant's opening brief Aug 16, 2023 2:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Aug 16, 2023 11:48 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to August 23, 2023, to prepare, file, and serve Appellant's opening brief Jul 17, 2023 1:47 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 17, 2023 11:08 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 24, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 15, 2023 12:17 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 14, 2023 9:52 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including June 23, 2023 May 16, 2023 11:35 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 16, 2023 9:46 AM Motion
Order - Appellant is granted an extension of time to and including May 24, 2023, within which to prepare, file, and serve Appellant's opening brief Apr 17, 2023 12:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 17, 2023 9:07 AM Motion
Order - Appellant is granted an extension of time to and including April 24, 2023, within which to prepare, file, and serve Appellant's opening brief Mar 15, 2023 11:08 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 15, 2023 9:30 AM Motion
Order - Appellant is granted an extension of time to and including March 23, 2023, within which to prepare, file, and serve Appellant's opening brief Feb 13, 2023 1:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 13, 2023 11:45 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/21/23 to file the opening brief Jan 11, 2023 11:36 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 11, 2023 9:38 AM Motion
Extension - Grant of Extension - Appellant is given until 1/20/23 to file the opening brief Dec 16, 2022 8:51 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Dec 14, 2022 7:59 PM Motion
Notice - Outgoing - Transcript Filed Nov 22, 2022 11:30 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 4/18/22, 4/19/22, 4/20/22 and 4/21/22 Jury Trial Nov 21, 2022 6:06 PM Record
Notice - Outgoing - Transcript Filed Nov 4, 2022 8:31 AM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 11/18/21, 2/7/22, 3/9/22, 3/14/22, 4/14/22 and 6/15/22 hearings Nov 3, 2022 9:33 PM Record
Notice - Rulings - Other Courts - Order-Granting Court Reporter Deidre Taber an Extension of Time to Prepare Transcript to November 23, 2022 Oct 21, 2022 4:23 PM Notice
Rulings - Other Courts - Order-Granting Court Reporter Deidre Taber an Extension of Time to Prepare Transcript to November 23, 2022 Oct 21, 2022 4:21 PM Ruling
Notice - Outgoing - District Court Record Filed Oct 21, 2022 11:41 AM Record
DC Record Filed for Cause No. DC-2021-2 consisting of four 3-ring binders with documents 1-246 and one 3-ring binder of Exhibits, and Case Register Report Oct 21, 2022 10:49 AM Record
Notice - Outgoing - Rulings - Other Courts - Order-Granting Court Reporter Debra K. Price an Extension of Time to Prepare Transcript to November 23, 2022 Sep 13, 2022 11:52 AM Notice - Outgoing
Rulings - Other Courts - Order-Granting Court Reporter Debra K. Price an Extension of Time to Prepare Transcript to November 23, 2022 Sep 13, 2022 11:50 AM Ruling
Notice - Incoming - Transcripts Deemed Necessary Aug 25, 2022 4:58 PM Notice - Incoming
Notice - Outgoing - Appeal Notice - sent to correct district court Aug 25, 2022 1:45 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice Aug 25, 2022 1:29 PM Notice - Outgoing
Notice of Appeal Filed Aug 25, 2022 1:06 PM Notice