State v. R. Gibbons

DA 21-0413 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0413
Type Direct Appeal — DUI-Felony
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 19-119
Lower court judge Hon. Matthew J. Cuffe

Key dates

Closed Apr 5, 2024
Classified Sep 20, 2023
Appeal filed Aug 19, 2021
Record filed Sep 2, 2021
Briefing ended Aug 3, 2023
Opinion issued Mar 20, 2024
Briefing started Jan 26, 2023
Transcript filed Jan 26, 2023
Sent to the court Aug 11, 2023
Submitted for decision Aug 11, 2023
Appellant Reply Brief Filed Aug 3, 2023
Appellant Opening Brief Filed Mar 24, 2023
Appellee Response Brief Filed Jun 21, 2023

Calculated

from the docket dates
Appeal filed to briefing start 525
Briefing days 188
Briefing start to opening brief filed 57
Classified to Opinion 182
Close of briefing to sent to court 8
Filing date to Opinion 944
Filing date to closed 960
Opening to response 89
Opinion to closed 15
Response to reply 42
Sent to court to classified 39
Submitted for decision to Opinion 222

Tags

Affirmed in part, reversed in part Case stayed Cert Filed with SCOTUS Closed En Banc Published opinion Request to File Appeal in form Pauperis

Parties

Appellee
State of Montana
Represented by Marcia Jean Boris
Appellant
Robert Murray Gibbons
Represented by Deborah Susan Smith

Opinion

State v. R. Gibbons, 2024 MT 63

Affirmed in part, reversed in part on March 20, 2024, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Notice - Incoming - US Supreme Court - The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied Oct 15, 2024 3:50 PM Notice - Incoming
Notice - Incoming - U.S. Sup. Ct. - Cert. Filed - The petition for a writ of certiorari in the above entitled case was filed on July 15, 2024 Jul 22, 2024 11:02 AM Notice - Incoming
Rulings - Extension to File Writ of Certiorari has been granted up to and including July 17, 2024 May 13, 2024 11:37 AM Ruling
Record - DC Record Return Card Filed Apr 10, 2024 2:35 PM Record
Record - DC Record Returned to District Court Apr 5, 2024 8:58 AM Record
Event - Case Closed Apr 5, 2024 8:58 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Apr 5, 2024 8:53 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Apr 5, 2024 8:52 AM Closing Notice
Opinion - Published - Justice McKinnon - Affirmed in Part, Reversed in Part and Remanded Mar 20, 2024 4:50 PM Opinion
Order - Classified - En Banc Sep 20, 2023 12:37 PM Classifying Notice
Event - Case Sent to Court Aug 11, 2023 1:22 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Aug 3, 2023 12:17 PM Notice - Outgoing
Brief - Appellant Reply Aug 3, 2023 11:45 AM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 4, 2023, within which to prepare, file, and serve Appellant's reply brief Jul 3, 2023 12:32 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Reply Brief (First Request 30 Days) Jul 3, 2023 9:34 AM Motion
Notice - Outgoing - Appellee's Brief Filed Jun 21, 2023 4:34 PM Notice - Outgoing
Brief - Appellee's Response Jun 21, 2023 2:38 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including June 22, 2023, within which to prepare, file, and serve the State's response brief May 16, 2023 5:32 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief May 16, 2023 10:48 AM Motion
Order - Grant - Extension of Time - Appellee is granted until 5/23/23 to file the response brief Apr 19, 2023 11:39 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 19, 2023 8:51 AM Motion
Notice - Outgoing - Appellant's Brief Filed Mar 24, 2023 4:03 PM Notice - Outgoing
Brief - Appellant's Opening Mar 24, 2023 2:35 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including March 29, 2023, within which to prepare, file, and serve Appellant's opening brief Feb 17, 2023 11:15 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 17, 2023 10:47 AM Motion
Notice - Outgoing - Transcript Filed Jan 26, 2023 2:26 PM Transcript
Condensed Transcript w/DVD Filed of January 25, 2021 Status; February 22, 2021 Status; and March 1, 2021 Status hearings Jan 26, 2023 2:23 PM Other
Notice - Outgoing - Transcript Filed Jan 17, 2023 4:17 PM Transcript
Electronic Transcript Filed of February 9 & 10 2021 Jury Trial Jan 17, 2023 3:02 PM Other
Order - the motion to supplement and stay is GRANTED; briefing is stayed pending the filing of additional transcripts; the opening brief shall be due 30 days after the filing of the transcripts Dec 8, 2022 5:09 PM Order - Other
Motion - Unopposed - Supplement the Record Dec 8, 2022 4:26 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 13, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 7, 2022 3:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 7, 2022 2:17 PM Motion
Order - Appellant is granted an extension of time to and including December 14, 2022, within which to prepare, file, and serve Appellant's opening brief Nov 7, 2022 11:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 7, 2022 11:18 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 11/14/22 to file the opening brief Sep 7, 2022 9:54 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 6, 2022 9:14 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 13, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 7, 2022 2:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 7, 2022 10:13 AM Motion
Order - Appellant is granted an extension of time to and including July 15, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 8, 2022 2:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 8, 2022 1:26 PM Motion
Appellant is granted an extension of time to and including June 15, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 9, 2022 5:24 PM Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension May 9, 2022 11:15 AM Motion
Order - Grant - Extension of Time - Appellant is granted until May 16, 2022 to file the opening brief Apr 8, 2022 10:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 8, 2022 9:32 AM Motion
Order - Appellant is granted an extension of time to and including April 15, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 9, 2022 10:43 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 9, 2022 9:57 AM Motion
Order - Grant - Extension of Time: Appellant is granted an extension of time to and including March 16, 2022, within which to prepare, file, and serve Appellant's opening brief Feb 7, 2022 1:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension: Appellant's opening brief Feb 7, 2022 1:14 PM Motion
Order - Grant - Extension of Time - Appellant is granted until February 14, 2022 to file the opening brief Jan 7, 2022 11:57 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 7, 2022 10:21 AM Motion
Order - Appellant is granted an extension of time to and including January 14, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 9, 2021 12:22 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 9, 2021 10:41 AM Motion
Extension - Grant of Extension - Appellant is given until 12/15/21 to file the opening brief Nov 15, 2021 3:25 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Nov 15, 2021 1:52 PM Motion
Notice - Outgoing - Transcript Filed Oct 15, 2021 9:58 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 4/28/21 and 4/29/21 hearings Oct 15, 2021 9:09 AM Record
Order - Grant - Extension of Time - Court Reporter is granted until November 8, 2021 to file the requested transcripts on appeal Oct 1, 2021 9:37 AM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript - Appellate Defender respectfully requests an extension of time until November 8, 2021, in which to prepare, file, and serve the transcripts Sep 30, 2021 4:31 PM Motion
Notice - Outgoing - Exhibits Filed Sep 9, 2021 10:55 AM Notice - Outgoing
Record - (1) envelope of hard copy Exhibits in Lincoln County Cause No. DC 19-119 Filed Sep 9, 2021 10:53 AM Record
Notice - Outgoing - Transcript Filed Sep 7, 2021 10:40 AM Transcript
Record - Transcript Filed - 1 original condensed transcript of 6/21/21 hearing Sep 7, 2021 10:38 AM Record
Notice - Outgoing - District Court Record Filed Sep 2, 2021 3:56 PM Record
DC Record Filed for Cause No. DC 19-119 consisting of electronic documents 1-83 and Case Register Report Sep 2, 2021 3:54 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 19, 2021 4:12 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 19, 2021 10:43 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 19, 2021 10:06 AM Notice - Incoming