State v. C. Kirn

DA 21-0381 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0381
Type Direct Appeal — Burglary
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 19-259
Lower court judge Hon. Robert J. Whelan

Key dates

Closed Jun 15, 2023
Classified Apr 12, 2023
Appeal filed Aug 4, 2021
Record filed Sep 10, 2021
Briefing ended Feb 27, 2023
Opinion issued May 30, 2023
Briefing started Nov 1, 2021
Transcript filed Nov 1, 2021
Sent to the court Feb 28, 2023
Submitted for decision Feb 28, 2023
Appellant Reply Brief Filed Feb 27, 2023
Appellant Opening Brief Filed Oct 17, 2022
Appellee Response Brief Filed Jan 13, 2023

Calculated

from the docket dates
Appeal filed to briefing start 89
Briefing days 483
Briefing start to opening brief filed 349
Classified to Opinion 48
Close of briefing to sent to court 0
Filing date to Opinion 664
Filing date to closed 680
Opening to response 88
Opinion to closed 16
Response to reply 44
Sent to court to classified 43
Submitted for decision to Opinion 91

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Eileen Joyce
Appellant
Clayton Douglas Kirn
Represented by Peter Allan Wood

Opinion

State v. C. Kirn, 2023 MT 98

Affirmed in part, reversed in part on May 30, 2023, in a 5 to 0 published opinion.

Events

most recent first
Rulings - Other Courts - Setting new sentencing date Jun 29, 2023 3:26 PM Ruling
Record - DC Record Return Card Filed Jun 26, 2023 2:32 PM Record
Record - DC Record Returned to District Court Jun 15, 2023 3:47 PM Record
Event - Case Closed Jun 15, 2023 3:47 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 15, 2023 3:41 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 15, 2023 3:20 PM Closing Notice
Opinion - Published - Justice McKinnon, affirmed in part, reversed in part and remanded May 30, 2023 3:35 PM Opinion
Order - Classified - Five Justice Panel Apr 12, 2023 11:40 AM Classifying Notice
Event - Case Sent to Court Feb 28, 2023 10:31 AM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant's Reply Feb 28, 2023 10:30 AM Notice - Outgoing
Brief - Appellant Reply Feb 27, 2023 12:56 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 2/27/23 to file the reply brief; no further extensions will be granted Jan 27, 2023 11:17 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Jan 27, 2023 8:32 AM Motion
Notice - Outgoing - Brief Filed - Appellee Jan 13, 2023 4:14 PM Notice - Outgoing
Brief - Appellee's Response Jan 13, 2023 1:49 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 1/14/23 to file the response brief Dec 9, 2022 4:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Dec 9, 2022 3:29 PM Motion
Extension - Appellee is granted an extension of time to and including December 15, 2022, within which to prepare, file, and serve its response brief Nov 14, 2022 4:17 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Nov 14, 2022 2:49 PM Motion
Notice - Outgoing - Brief Filed - Appellant's Opening Oct 18, 2022 9:19 AM Notice - Outgoing
Brief - Appellant's Opening Oct 17, 2022 8:00 AM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time until October 28, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 9, 2022 1:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Sep 9, 2022 1:26 PM Motion
Order - Appellant is granted an extension of time until September 28, 2022, within which to prepare, file, and serve Appellant's opening brief Aug 8, 2022 5:43 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 8, 2022 11:10 AM Motion
Order - Appellant is granted an extension of time until August 29, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 9, 2022 2:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 9, 2022 1:25 PM Motion
Notice - Incoming - Appearance of Contract Counsel for the Appellate Defender Division, Pete Wood, as appointed counsel for the Appellant named above, for purposes of this appeal Jun 2, 2022 12:42 PM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including June 29, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 23, 2022 1:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension May 23, 2022 12:21 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 30, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 21, 2022 3:24 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 21, 2022 12:36 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 29, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 23, 2022 2:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 23, 2022 1:24 PM Motion
Order - Appellant is granted an extension of time to and including March 30, 2022, within which to prepare, file, and serve Appellant's opening brief Feb 22, 2022 11:39 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 22, 2022 10:58 AM Motion
Order - Grant - Extension of Time - Appellant is granted until February 28, 2022 to Appellant's Opening Brief Jan 21, 2022 3:22 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate Defender for the Appellate Defender Division (ADD), and respectfully requests an extension of time until February 28, 2022, in which to prepare, file, and serve the Appellant's opening brief Jan 21, 2022 1:33 PM Motion
Order - Appellant is granted an extension of time to and including January 28, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 15, 2021 5:00 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 15, 2021 9:15 AM Motion
Extension - Appellant is given an extension of time until December 29, 2021, to prepare, file, and serve the Appellant's opening brief Nov 29, 2021 3:04 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellate respectfully requests an extension of time until December 29, 2021, in which to prepare, file, and serve opening brief Nov 29, 2021 2:33 PM Motion
Notice - Outgoing - Transcript Filed Nov 1, 2021 8:57 AM Transcript
Electronic Transcripts Filed of November 6, 2019; July 29, 2020; February 10, 2021; March 10, 2021; March 15, 2021; April 12 & 13, 2021; and June 2, 2021 hearings Oct 29, 2021 7:22 PM Other
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript up to November 5, 2021 Sep 16, 2021 4:29 PM Ruling
Notice - Outgoing - Appeal Notice - Revision to Case Name Sep 16, 2021 3:45 PM Notice - Outgoing
Notice - Outgoing - Exhibits Filed Sep 16, 2021 2:53 PM Notice - Outgoing
Record - Exhibits Filed consisting of one (1) manila envelope Sep 16, 2021 2:53 PM Record
Notice - Outgoing - District Court Record Filed Sep 10, 2021 2:45 PM Record
Record - DC Record Filed - electronically transmitted documents 1-93 Sep 10, 2021 2:42 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - until 10/18/21 Sep 10, 2021 1:54 PM Ruling
Notice - Outgoing - Transcript Filed Aug 9, 2021 1:37 PM Transcript
Electronic Transcript Filed of November 10, 2020 Bail hearing Aug 9, 2021 10:45 AM Other
Notice - Incoming - Transcripts Deemed Necessary Aug 4, 2021 4:01 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 4, 2021 1:37 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 4, 2021 1:26 PM Notice - Incoming