Montana Cannabis, et al. v. State

DA 15-0055 ·Direct Appeal ·Civil ·Closed
Docket DA 15-0055
Type Direct Appeal — Other
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DDV-2011-518
Lower court judge Hon. James P. Reynolds

Key dates

Closed Apr 25, 2016
Classified Sep 16, 2015
Appeal filed Jan 23, 2015
Record filed Mar 5, 2015
Oral argument Nov 4, 2015
Briefing ended Aug 17, 2015
Opinion issued Mar 21, 2016
Briefing started Mar 5, 2015
Rehearing denied Apr 25, 2016
Transcript filed Mar 5, 2015
Sent to the court Aug 19, 2015
Cross Appeal Filed Feb 2, 2015
Rehearing requested Mar 11, 2016
Submitted for decision Nov 4, 2015
Cross Reply Brief Filed Aug 17, 2015
Appellant Reply Brief Filed Aug 3, 2015
Appellant Opening Brief Filed May 6, 2015
Appellee Response Brief Filed Jul 2, 2015

Calculated

from the docket dates
Appeal filed to briefing start 41
Briefing days 164
Briefing start to opening brief filed 61
Classified to Opinion 187
Close of briefing to sent to court 2
Filing date to Opinion 423
Filing date to closed 458
Opening to response 57
Opinion to closed 35
Oral argument to Opinion 138
Reply to cross reply 45
Response to reply 31
Sent to court to classified 28
Sent to court to oral argument 77
Submitted for decision to Opinion 215

Tags

Affirmed in part, reversed in part Amended/corrected opinion Cert Filed with SCOTUS Closed Cross Appeal Filed Opinion synopsis issued Oral Argument Published opinion Rehearing denied Rehearing requested

Parties

Appellant
State of Montana
Represented by Timothy Charles Fox
Cross Appellant
John Stowers, M.D.
Represented by James H. Goetz
Cross Appellant
Charlie Hamp
Represented by James H. Goetz
Cross Appellant
Mark Matthews
Represented by James H. Goetz
Cross Appellant
Montana Cannabis Industry Association
Represented by James H. Goetz
Cross Appellant
Point Hatfield
Represented by James H. Goetz
Cross Appellant
Shelly Yeager
Represented by James H. Goetz
Cross Appellant
Jesse Rumble
Represented by James H. Goetz

Opinion

Montana Cannabis, et al. v. State, 2016 MT 44

Opinion issued in a DA case, outcome unknown on March 21, 2016, in a 4 to 2 with 1 concurring published opinion.

Events

most recent first
Notice - Incoming - U.S. Sup. Ct. - Cert. Ruling - Denied Jul 5, 2016 11:41 AM Notice - Incoming
Record - DC Record Return Card Filed Apr 26, 2016 3:20 PM Record
Event - Case Closed Apr 25, 2016 3:51 PM Closing Notice
Record - DC Record Returned to District Court Apr 25, 2016 3:44 PM Record
Notice - Outgoing - Opinion Release Notice Issued Apr 25, 2016 3:26 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Apr 25, 2016 3:13 PM Closing Notice
Order - the effective date of the Court's decision and judgment is POSTPONED to August 31, 2016. On that date, the holdings of this Court's Opinion shall become fully in effect. We AMEND our February 25, 2016 Opinion with this Order. In all other respects, the Petition for Rehearing is DENIED Apr 25, 2016 2:50 PM Order - Petition for Rehearing Other
Notice of Corrected Opinion Mar 21, 2016 3:00 PM Opinion
Event - Sent to Court-Pleading - petition for rehearing; objection Mar 15, 2016 1:36 PM Event
Response/Objection - Rehearing Mar 15, 2016 1:35 PM Response
Petition - Rehearing. held for response Mar 11, 2016 1:08 PM Petition
Opinion - Synopsis of Opinion Feb 25, 2016 1:36 PM Synopsis
Opinion - Published - Justice Baker - Affirmed in part and Reversed in Part Feb 25, 2016 1:22 PM Superseded opinion
Event - Sent to Court - Appellees' Supplemental Motion for Judicial Notice and Brief in Support (No Response) Jan 27, 2016 10:22 AM Event
Motion - Opposed - Appellees' Supplemental Motion for Judicial Notice and Brief in Support (held for Response) Jan 19, 2016 11:11 AM Motion
Notice - Incoming - Supplemental Authority - copies to Court Jan 6, 2016 4:21 PM Notice - Incoming
Event - Oral Argument Presented by J. Stuart Segrest for the appellant and James H. Goetz for the appellee. The matter was taken under advisement at 10:43 a.m Nov 4, 2015 2:49 PM Event
Appellant's Response to Appellee's Motion for Judicial Notice - copies to Court Nov 2, 2015 4:06 PM Other
Appellee's Motion - Opposed - for Judicial Notice and Brief in Support - copies to Court Nov 2, 2015 1:56 PM Other
Order - the Hon. Robert G. Olson, District Judge, will sit in the place of Justice Patricia Cotter, who has recused herself Sep 18, 2015 1:16 PM Order - Other
Notice - Outgoing - Oral Argument Scheduled Sep 16, 2015 2:03 PM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, November 4, 2015, 9:30 a.m Sep 16, 2015 1:59 PM Classifying Notice
Order - the motion to strike is TAKEN UNDER ADVISEMENT Sep 1, 2015 9:41 AM Order - Other
Event - Sent to Court-Pleading - Motion to Strike; Response Aug 24, 2015 2:01 PM Event
MCIA's Response to State's Motion to Strike Aug 24, 2015 1:58 PM Other
Motion - Opposed - Strike Legal Theories Raised for the First Time in Reply Brief. held for objection Aug 19, 2015 4:27 PM Motion
Event - Case Sent to Court Aug 19, 2015 10:47 AM Classifying Notice
Brief - Cross Appellant Reply Aug 17, 2015 9:49 AM Cross Reply Brief
Brief - Appellant Reply and Answer to Cross Appeal Aug 3, 2015 8:34 AM Appellant Reply Brief
Brief - Appellee and Cross-Appellant Jul 2, 2015 4:51 PM Appellee Response Brief
Extension - Grant of Extension - Appellees are given until 7/6/15 to file their answer brief May 19, 2015 2:24 PM Extension
Motion - Unopposed - Extension of Time - Appellees' Brief May 19, 2015 9:41 AM Motion
Notice - Outgoing - Exhibits Filed May 7, 2015 9:02 AM Notice - Outgoing
Record - Exhibits Filed (3 binders and 1 envelope) May 6, 2015 9:01 AM Record
Brief - Appellant's Opening May 6, 2015 8:36 AM Appellant Opening Brief
Extension - Grant of Extension to May 6, 2015 to file Appellant's Brief Mar 25, 2015 3:18 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Mar 25, 2015 3:10 PM Motion
Notice - Outgoing - District Court Record Filed Mar 5, 2015 4:21 PM Record
Record - DC Record Filed - 6 file folders Mar 5, 2015 4:21 PM Record
Notice - Outgoing - Transcript Filed Mar 5, 2015 11:23 AM Transcript
Record - condensed Transcripts w/DVD of June 20, 2011, June 21, 2011, June 22, 2011, December 13, 2012 and April 15, 2014 hearings Mar 5, 2015 11:16 AM Record
Notice - Outgoing - Cross Appeal Notice Feb 2, 2015 11:19 AM Notice - Outgoing
Fees - Appearance-Cross Appeal Fee Received Feb 2, 2015 11:18 AM Fees
Notice - Incoming - Notice of Cross Appeal Feb 2, 2015 11:12 AM Notice - Incoming
Revised Notice - Incoming - Transcripts Deemed Necessary Jan 26, 2015 3:56 PM Other
Notice - Outgoing - Appeal Notice Jan 26, 2015 8:52 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 23, 2015 8:44 AM Notice - Incoming