State v. M. Mitchell

DA 23-0437 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0437
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Affirmed
Lower court case DC-22-2020

Key dates

Closed Feb 6, 2024
Classified Mar 11, 2026
Appeal filed Aug 14, 2023
Record filed Mar 11, 2025
Briefing ended Sep 5, 2025
Opinion issued Aug 25, 2026
Briefing started Mar 20, 2025
Transcript filed Mar 20, 2025
Sent to the court Sep 8, 2025
Submitted for decision Sep 8, 2025
Appellant Reply Brief Filed Sep 5, 2025
Appellant Opening Brief Filed Apr 9, 2025
Appellee Response Brief Filed Aug 29, 2025

Calculated

from the docket dates
Appeal filed to briefing start 584
Briefing days 169
Briefing start to opening brief filed 20
Classified to Opinion 167
Close of briefing to sent to court 2
Filing date to Opinion 1,107
Filing date to closed 176
Opening to response 141
Opinion to closed 931
Response to reply 7
Sent to court to classified 184
Submitted for decision to Opinion 351

Tags

Affirmed Closed En Banc Final Order Issued Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Austin Miles Knudsen Kathryn Fey Schulz Steven C. Haddon
Appellant
Michael C. Mitchell
Represented by Tammy Ann Hinderman Justin Redeen

Events

most recent first
Opinion - Published - Justice Swanson - AFFIRMED Aug 25, 2026 3:52 PM Opinion
Order - Classified - En Banc Mar 11, 2026 1:23 PM Classifying Notice
Order - Classified - Five Justice Panel Oct 22, 2025 12:03 PM Classifying Notice
Event - Case Sent to Court Sep 8, 2025 8:27 AM Classifying Notice
Notice - Outgoing - Appellant Reply Brief Filed Sep 8, 2025 8:25 AM Notice - Outgoing
Brief - Appellant Reply Sep 5, 2025 3:16 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Aug 29, 2025 3:31 PM Notice - Outgoing
Brief - Appellee's Response Aug 29, 2025 1:35 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including September 5, 2025, within which to prepare, serve, and file its response brief Aug 1, 2025 9:39 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Aug 1, 2025 9:34 AM Motion
Order - Appellee is granted an extension of time to and including August 6, 2025, within which to prepare, serve, and file its response brief Jul 31, 2025 4:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 30, 2025 1:52 PM Motion
Order - Appellee is granted an extension of time to and including August 6, 2025, within which to prepare, serve, and file its response brief Jun 24, 2025 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 23, 2025 3:36 PM Motion
Order - Appellee is granted an extension of time to and including July 7, 2025, within which to prepare, serve, and file its response brief May 27, 2025 2:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief May 27, 2025 12:18 PM Motion
Extension - State is granted an extension of time to and including June 8, 2025, within which to prepare, file, and serve the Appellee's response brief Apr 30, 2025 11:18 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 30, 2025 9:40 AM Motion
Notice - Outgoing - Brief Filed Apr 10, 2025 9:43 AM Notice - Outgoing
Brief - Appellant's Opening Apr 9, 2025 4:21 PM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Mar 20, 2025 11:04 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC 2020-0016 consisting of 1/25/2023 proceedings Mar 20, 2025 10:50 AM Record
Notice - Outgoing - District Court Record Filed Mar 11, 2025 8:13 AM Record
Record - Electronic DC Record Filed for Cause DC 2019-0038 consisting of 1-37 and Case Register Mar 11, 2025 8:08 AM Record
Order - ORDERED that the record from Cause No. DC 19-38 shall be transmitted and placed in this cause number's file. IT IS FURTHER ORDERED that the briefing schedule is STAYED pending filing of the transcript and record in DC-19-38. Upon filing of the transcript and record, Appellant shall have thirty (30) days in which to prepare, file, and serve his opening brief on appeal Mar 7, 2025 10:49 AM Order - Other
Motion - Unopposed - Supplement the Record Mar 5, 2025 2:00 PM Motion
Order - Appellant is granted an extension of time to and including April 11, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 3, 2025 4:15 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Feb 3, 2025 3:21 PM Motion
Order - Appellant is granted an extension of time to and including February 10, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 31, 2024 4:24 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 31, 2024 2:57 PM Motion
Order - Appellant is given an extension of time until January 9, 2025, to prepare, file, and serve the Appellant's opening brief Dec 2, 2024 4:14 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 2, 2024 2:40 PM Motion
Order - Appellant is granted an extension of time to and including December 9, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 4, 2024 8:00 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 1, 2024 9:04 AM Motion
Order - Appellant is granted an extension of time to and including November 8, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 3, 2024 4:37 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 3, 2024 9:40 AM Motion
Order - Appellant is granted an extension of time to and including October 9, 2024, within which to prepare, file, and serve Appellant's opening brief Sep 5, 2024 11:39 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 3, 2024 10:44 PM Motion
Order - Appellant is granted an extension of time to and including September 9, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 5, 2024 1:51 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 2, 2024 1:58 PM Motion
Order - Appellant is granted an extension of time to and including August 9, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 2, 2024 10:17 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 1, 2024 2:08 PM Motion
GRANT - Appellant is granted an extension of time to and including July 10, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 4, 2024 12:48 PM Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 4, 2024 10:48 AM Motion
Grant - Appellant is given an extension of time until June 10, 2024, to prepare, file, and serve the Appellant's opening brief May 1, 2024 2:31 PM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Brief May 1, 2024 10:44 AM Motion
Notice - Outgoing - Transcript Filed Apr 10, 2024 10:00 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC-2020-16 of 12/02/2020, 03/31/2021, 08/10/2022, 01/04/2023 & 07/12/2024 hearings Apr 10, 2024 9:47 AM Record
Notice - Incoming - Transcripts Deemed Necessary Mar 12, 2024 1:56 PM Notice - Incoming
Notice - Incoming - Appearance - Chad Wright, Appellate Defender Division, as appointed counsel for the Appellant Mar 12, 2024 10:32 AM Notice - Incoming
Order - Vacating February 6, 2024 Order dismissing; Granting Motion for Appointment of Counsel. The Appellate Defender Division shall have 30 days within which to file an appearance or motion to rescind Order appointing counsel Feb 20, 2024 8:36 AM Order - Other
Motion - Appointment of Counsel - sent to Court w/SC file Feb 12, 2024 3:09 PM Motion
Order - Final Disposition: Dismiss - Dismissed with PREJUDICE Feb 6, 2024 3:27 PM Closing Notice
Other - Other - Appellant sent a letter received on 1/3/24 requesting an extension and court appointed counsel. It was unserved. Returned for service along with the correct forms. Extended deadline 14 days Jan 4, 2024 12:58 PM Other
Order - Briefing/Scheduling - Appellant shall file a report on the status of this appeal by December 15, 2023 re: Transcripts. Failure to file a status report within that time will result in dismissal of this appeal with prejudice and without further notice Nov 15, 2023 4:44 PM Order - Other
Notice - Outgoing - District Court Record Filed Sep 8, 2023 9:12 AM Record
Record - DC Record Filed - electronically transmitted documents 1-74 for DC-2020-16 Sep 8, 2023 9:08 AM Record
Notice - Outgoing - Appeal Notice Aug 14, 2023 8:54 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 11, 2023 8:46 AM Notice - Incoming