State v. K. Sandberg

DA 23-0346 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0346
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC-21-531
Lower court judge Hon. Jason T. Marks

Key dates

Closed Mar 26, 2026
Classified Sep 10, 2025
Appeal filed Jun 21, 2023
Record filed Jul 31, 2023
Briefing ended Jul 18, 2025
Opinion issued Mar 10, 2026
Briefing started Sep 15, 2023
Transcript filed Sep 15, 2023
Sent to the court Jul 18, 2025
Submitted for decision Jul 18, 2025
Appellant Reply Brief Filed Jul 18, 2025
Appellant Opening Brief Filed Jan 16, 2025
Appellee Response Brief Filed Jun 9, 2025

Calculated

from the docket dates
Appeal filed to briefing start 86
Briefing days 672
Briefing start to opening brief filed 489
Classified to Opinion 181
Close of briefing to sent to court 0
Filing date to Opinion 993
Filing date to closed 1,009
Opening to response 144
Opinion to closed 15
Response to reply 38
Sent to court to classified 53
Submitted for decision to Opinion 235

Tags

Closed En Banc Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
Kevin Wesley Sandberg
Represented by Tammy Ann Hinderman

Opinion

State v. K. Sandberg, 2026 MT 45

Reversed on March 10, 2026, in a 4 to 3 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Apr 6, 2026 1:54 PM Record
Record - DC Record Returned to District Court Mar 26, 2026 8:37 AM Record
Event - Case Closed Mar 26, 2026 8:37 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 26, 2026 8:35 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 26, 2026 8:29 AM Closing Notice
Opinion - Published - Justice Gustafson - REVERSED and REMANDED Mar 10, 2026 4:02 PM Opinion
Order - Classified - En Banc Sep 10, 2025 12:19 PM Classifying Notice
Event - Case Sent to Court Jul 18, 2025 3:01 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jul 18, 2025 3:00 PM Notice - Outgoing
Brief - Appellant Reply Jul 18, 2025 12:33 PM Appellant Reply Brief
Order - Appellant is given an extension of time until July 23, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Jun 23, 2025 8:58 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Jun 23, 2025 8:40 AM Motion
Notice - Outgoing - Brief Filed Jun 10, 2025 9:26 AM Notice - Outgoing
Brief - Appellee's Response Jun 9, 2025 4:15 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including June 15, 2025, within which to prepare, serve, and file its response brief May 7, 2025 10:52 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Response Brief May 7, 2025 10:28 AM Motion
Order - Appellee is granted an extension of time to and including May 16, 2025, within which to prepare, serve, and file its response brief Mar 6, 2025 3:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Mar 6, 2025 12:26 PM Motion
Grant of Extension - Appellee is granted an extension of time to and including March 17, 2025, within which to prepare, serve, and file its response brief Feb 12, 2025 9:48 AM Other
Motion - Unopposed - Appellee's Motion for an Extension of Time to File Response Brief (First Request 30 Days) Feb 12, 2025 9:11 AM Motion
Notice - Outgoing - Brief Filed Jan 16, 2025 4:55 PM Notice - Outgoing
Brief - Appellant's Opening Jan 16, 2025 4:04 PM Appellant Opening Brief
GRANT - Appellant is given an extension of time to and including February 14, 2025, within which to prepare, file, and serve Appellant's opening brief Dec 9, 2024 12:09 PM Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellants Opening Brief Dec 9, 2024 10:22 AM Motion
GRANT - Appellant is given an extension of time to and including December 16, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 3, 2024 3:12 PM Other
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 2, 2024 2:17 PM Motion
GRANT - Appellant is granted an extension of time to and including October 15, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 2, 2024 3:49 PM Other
Motion - Unopposed - (OPENING BRIEF) Motion and Affidavit for Second or Subsequent Extension Aug 2, 2024 1:12 PM Motion
Order - Appellant is granted an extension to August 14, 2024, to prepare, file, and serve Appellant's opening brief Jul 8, 2024 3:31 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 8, 2024 12:46 PM Motion
GRANT - Appellant is granted an extension of time to and including July 15, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 5, 2024 2:20 PM Other
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Jun 5, 2024 1:34 PM Motion
Order - Appellant is granted an extension of time to and including June 14, 2024, within which to prepare, file, and serve Appellant's opening brief May 6, 2024 3:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 6, 2024 12:31 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 15, 2024 within which to prepare, file, and serve Appellant's opening brief Apr 9, 2024 12:34 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Apr 9, 2024 12:20 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 15, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 6, 2024 4:13 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 6, 2024 12:00 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 15, 2024 within which to prepare, file, and serve Appellant's opening brief on appeal Feb 9, 2024 3:22 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Feb 9, 2024 12:28 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 14, 2024, within which to prepare, file, and serve Appellant's opening brief Jan 8, 2024 4:40 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Jan 8, 2024 4:11 PM Motion
Order - Grant - Appellant is granted an extension of time to and including January 15, 2024 within which to prepare, file, and serve Appellant's opening brief Dec 8, 2023 10:55 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 8, 2023 9:25 AM Motion
Order - Grant - Appellant is granted an extension of time to and including December 15, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 8, 2023 3:57 PM Order - Extension
Motion - Unopposed - APPELLANT OPENING - Motion and Affidavit for Second or Subsequent Extension Nov 8, 2023 2:38 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to November 15, 2023 to prepare, file and serve the Appellant's Opening Brief Oct 11, 2023 11:18 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Extension - Appellant's Opening Brief Oct 10, 2023 4:21 PM Motion
Notice - Outgoing - Transcript Filed Sep 15, 2023 8:44 AM Transcript
Record - Transcript Filed for November 15, 2022; November 29, 2022; November 30, 2022; December 1, 2022; December 2, 2022 and April 21, 2023 Sep 15, 2023 8:28 AM Record
Notice - Outgoing - Exhibits Filed Aug 24, 2023 3:15 PM Notice - Outgoing
Record - Exhibits Filed - flash drive Aug 24, 2023 3:14 PM Record
Notice - Outgoing - Transcript Filed Aug 15, 2023 11:37 AM Transcript
Record - Transcript Filed for January 18, 2022 and February 22, 2022 Aug 15, 2023 11:01 AM Record
Notice - Outgoing - District Court Record Filed Jul 31, 2023 10:59 AM Record
DC Record/Exhibits Filed for Cause No. DC-21-531 consisting of electronic documents 1-104; electronic Lodged & Sealed documents; electronic Sealed documents and Case Register Report Jul 31, 2023 10:56 AM Other
Supporting Affidavit of Court Reporter to Motion for Extension Jul 27, 2023 8:01 AM Other
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to September 11, 2023 Jul 27, 2023 8:01 AM Ruling
Notice - Outgoing - Transcript Filed Jul 12, 2023 11:53 AM Transcript
Record - Electronic Transcripts filed of 01/11/2022 & 07/19/2022 hearings Jul 12, 2023 11:42 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jun 22, 2023 10:49 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Jun 21, 2023 1:21 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 21, 2023 9:47 AM Notice - Incoming