State v. E. Allen

DA 21-0506 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0506
Type Direct Appeal — Sexual Assault
Classification Criminal
Outcome Affirmed
Lower court case DC 19-1379
Lower court judge Hon. Ashley Harada

Key dates

Closed May 23, 2024
Classified Feb 28, 2024
Appeal filed Oct 8, 2021
Record filed Nov 17, 2021
Briefing ended Dec 26, 2023
Opinion issued May 7, 2024
Briefing started Nov 24, 2021
Transcript filed Nov 24, 2021
Sent to the court Dec 28, 2023
Submitted for decision Dec 28, 2023
Appellant Reply Brief Filed Dec 26, 2023
Appellant Opening Brief Filed Sep 26, 2023
Appellee Response Brief Filed Nov 20, 2023

Calculated

from the docket dates
Appeal filed to briefing start 47
Briefing days 761
Briefing start to opening brief filed 670
Classified to Opinion 69
Close of briefing to sent to court 1
Filing date to Opinion 942
Filing date to closed 958
Opening to response 55
Opinion to closed 15
Response to reply 36
Sent to court to classified 62
Submitted for decision to Opinion 131

Tags

Affirmed Case stayed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Scott D. Twito
Appellant
Edward Jeffrey Allen
Represented by Chad M. Wright

Opinion

State v. E. Allen, 2024 MT 95N

Affirmed on May 7, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed - Electronic record May 23, 2024 9:50 AM Closing Notice
Notice - Outgoing - Remittitur Issued May 23, 2024 9:46 AM Closing Notice
Opinion - Noncite/Memorandum - Chief Justice McGrath - Affirmed May 7, 2024 3:13 PM Opinion
Order - Classified - Five Justice Panel Feb 28, 2024 10:11 AM Classifying Notice
Event - Case Sent to Court Dec 28, 2023 8:06 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Dec 26, 2023 3:31 PM Notice - Outgoing
Brief - Appellant Reply Dec 26, 2023 2:53 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until January 3, 2024, to prepare, file, and serve the Appellant's reply brief Nov 27, 2023 1:22 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Brief Nov 27, 2023 12:55 PM Motion
Notice - Outgoing - Appellee's Response Brief Filed Nov 20, 2023 4:51 PM Notice - Outgoing
Brief - Appellee's Response Nov 20, 2023 1:57 PM Appellee Response Brief
Extension - Grant of Extension - Appellee is granted an extension of time to and including November 24, 2023, within which to prepare, file, and serve its Response brief Oct 17, 2023 10:26 AM Extension
Motion - Unopposed - Appellee's Motion to File Response Brief (First Request 30 Days) Oct 16, 2023 3:12 PM Motion
Notice - Outgoing - Brief Filed Sep 26, 2023 1:47 PM Notice - Outgoing
Brief - Appellant's Opening Sep 26, 2023 1:15 PM Appellant Opening Brief
Notice - Outgoing - Additional District Court Documents Sep 20, 2023 8:21 AM Notice - Outgoing
Additional DC Documents Filed for Cause No. DC 19-1379 consisting of electronic documents 89-97 and updated Case Register Report Sep 20, 2023 8:17 AM Record
Order - this appeal is STAYED pending the filing of the statement of record Mar 21, 2023 3:31 PM Order - Other
Event - Sent to Court-Pleading Mar 9, 2023 2:35 PM Event
Motion - Unopposed - Remand to District Court Mar 9, 2023 2:19 PM Motion
Notice - Outgoing - Additional District Court Documents Mar 2, 2023 4:55 PM Notice - Outgoing
Record - Additional DC Documents Filed (electronic confidential PSI and updated Case Register Report) Mar 2, 2023 4:55 PM Record
Order - Appellant is granted an extension of time to and including May 1, 2023, within which to prepare, file, and serve Appellant's opening brief Feb 27, 2023 4:41 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 22, 2023 10:10 AM Motion
Order - Appellant is granted an extension of time to and including March 1, 2023, within which to prepare, file, and serve Appellant's opening brief Jan 23, 2023 4:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 23, 2023 3:35 PM Motion
Order - Appellant is granted an extension of time to and including January 30, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 20, 2022 11:42 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 20, 2022 10:39 AM Motion
Order - Appellant is granted an extension of time to and including December 30, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 23, 2022 10:13 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Nov 23, 2022 9:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 30, 2022, within which to prepare, file, and serve Appellant's opening brief Oct 24, 2022 11:54 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 24, 2022 11:10 AM Motion
Order - Appellant is granted an extension of time to and including October 31, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 26, 2022 4:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 23, 2022 9:19 AM Motion
Order - Appellant is granted an extension of time to and including September 30, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 24, 2022 4:45 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Aug 24, 2022 12:09 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 31, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 26, 2022 12:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 26, 2022 8:56 AM Motion
Order - Appellant is granted an extension of time to and including August 1, 2022, within which to prepare, file, and serve Appellant's opening brief Jun 27, 2022 12:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 27, 2022 10:31 AM Motion
Order - Appellant is granted an extension of time to and including July 1, 2022, within which to prepare, file, and serve Appellant's opening brief May 24, 2022 9:36 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 24, 2022 9:08 AM Motion
Order - Grant - Extension of Time - Appellant is granted until June 1, 2022 to file the opening brief Apr 25, 2022 2:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 25, 2022 1:37 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 2, 2022, within which to prepare, file, and serve Appellant's opening brief Mar 25, 2022 11:50 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 25, 2022 10:11 AM Motion
Order - Grant - Extension of Time - Appellant is granted until April 1, 2022 to file the opening brief Feb 24, 2022 3:10 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Feb 24, 2022 12:40 PM Motion
Order - Appellant is granted an extension of time to and including March 2, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 25, 2022 10:10 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 25, 2022 9:20 AM Motion
Extension -Appellee is granted an extension of time to and including January 28, 2022, within which to prepare, serve, and file the State's response Dec 16, 2021 9:50 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Dec 16, 2021 8:06 AM Motion
Notice - Outgoing - Transcript Filed - TRIAL VOLUMES Transcripts from 9th, 10th, 12th, and 13th of 2020 Nov 24, 2021 3:52 PM Transcript
Record - Transcript Filed Nov 24, 2021 3:46 PM Record
Notice - Outgoing - District Court Record Filed Nov 17, 2021 12:20 PM Record
Record - Yellowstone County District Court Record for Cause No. DC 19-1379 consisting of electronically imaged documents numbered 1-83 with a Case Register Report Nov 17, 2021 12:19 PM Record
Notice - Outgoing - Transcript Filed Nov 4, 2021 8:07 AM Transcript
Record - (1) volume Transcript in Yellowstone County District Court Cause No. DC 19-1379 dated 7/28/21 Filed The Transcript dated 11/5/20 was not available to transcribe Nov 3, 2021 8:52 AM Record
Notice - Outgoing - Appeal Notice Oct 8, 2021 2:24 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Oct 8, 2021 1:57 PM Notice - Incoming