City of Kalispell v. T. Salsgiver

DA 16-0445 ·Direct Appeal ·Criminal ·Closed
Docket DA 16-0445
Type Direct Appeal — Assault-Partner/Family
Classification Criminal
Outcome Reversed
Lower court case DC 15-500D
Lower court judge Hon. David M. Ortley

Key dates

Closed Jun 21, 2019
Classified Jan 25, 2019
Appeal filed Jul 25, 2016
Record filed Sep 1, 2016
Oral argument Apr 5, 2019
Briefing ended Feb 22, 2019
Opinion issued Jun 5, 2019
Briefing started Sep 1, 2016
Sent to the court Jul 31, 2018
Submitted for decision Apr 5, 2019
Appellant Reply Brief Filed Feb 22, 2019
Appellant Opening Brief Filed Jan 5, 2018
Appellee Response Brief Filed Feb 26, 2019

Calculated

from the docket dates
Appeal filed to briefing start 38
Briefing days 903
Briefing start to opening brief filed 491
Classified to Opinion 131
Close of briefing to sent to court 205
Filing date to Opinion 1,045
Filing date to closed 1,061
Opening to response 416
Opinion to closed 16
Oral argument to Opinion 61
Response to reply 3
Sent to court to classified 178
Sent to court to oral argument 247
Submitted for decision to Opinion 309

Tags

Amended/corrected opinion Closed En Banc Five Justice Panel Oral Argument Published opinion Reclassified En Banc Reversed

Parties

Appellee
Whitefish, City of
Represented by Travis R. Ahner
Appellant
Thomas Salsgiver
Represented by Ryan Patrick Peabody

Opinion

City of Kalispell v. T. Salsgiver, 2019 MT 126

Opinion issued in a DA case, outcome unknown on June 5, 2019, in a 5 to 2 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jul 1, 2019 9:21 AM Record
Record - DC Record Returned to District Court Jun 21, 2019 2:39 PM Record
Event - Case Closed Jun 21, 2019 2:39 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 21, 2019 2:17 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 21, 2019 2:13 PM Closing Notice
Notice of Corrected Opinion Jun 5, 2019 2:02 PM Opinion
Opinion - Published - Justice Shea - Reversed and Remanded Jun 4, 2019 1:52 PM Superseded opinion
Event - Oral Argument Presented: Ryan Peabody, counsel for Appellant; Brad Fjeldheim, counsel for Appellee. Taken under advisement at 10:46 AM on Friday, April 5 Apr 5, 2019 8:52 AM Event
Notice - Outgoing - Appellee's Supplemental Brief Filed Feb 26, 2019 3:26 PM Notice - Outgoing
Brief - Appellee's Supplemental Feb 25, 2019 5:14 PM Appellee Response Brief
Notice - Outgoing - Brief Filed (Appellant's Supplemental) Feb 25, 2019 10:10 AM Notice - Outgoing
Brief - Supplemental (Appellant) Feb 22, 2019 9:48 AM Appellant Reply Brief
Notice - Incoming - Attorney Substitution/Withdrawal Brad Fjeldheim in for Michael Wellenstein Jan 30, 2019 5:11 PM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jan 25, 2019 2:02 PM Notice - Outgoing
Order - ReClassified - Oral Argument - Friday April 5, 2019, at 9:30 a.m. at the George Dennison Theater, University of Montana, Missoula - Simultaneous supplemental briefs are due within 30 days of this Order Jan 25, 2019 1:43 PM Classifying Notice
Order - ReClassified - En Banc Jan 17, 2019 4:22 PM Classifying Notice
Order - Classified - Five Justice Panel Oct 3, 2018 9:16 AM Classifying Notice
Event - Case Sent to Court Jul 31, 2018 12:55 PM Classifying Notice
Notice - Outgoing - Brief Filed Jul 31, 2018 12:54 PM Notice - Outgoing
Brief - Appellant Reply Jul 30, 2018 2:48 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Jul 18, 2018 4:38 PM Notice - Outgoing
Brief - Appellee's Response Jul 17, 2018 2:56 PM Appellee Response Brief
Order -Appellee is granted an extension of time to and including July 17, 2018, within which to prepare, serve, and file the City's response Jun 5, 2018 10:43 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jun 4, 2018 2:03 PM Motion
Order - Appellee is granted an extension of time to and including June 11, 2018, within which to prepare, serve, and file the City's response May 1, 2018 5:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief May 1, 2018 10:27 AM Motion
Order - Grant - Extension of Time - Appellee is granted until 5/8/18 to file the response brief Mar 30, 2018 1:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Mar 30, 2018 11:43 AM Motion
Order - Appellee is granted an extension of time to and including April 6, 2018, within which to prepare, serve, and file the State's response Mar 1, 2018 11:47 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Feb 28, 2018 5:07 PM Motion
Extension - Appellee is granted an extension of time to and including March 7, 2018, within which to prepare, serve, and file its response brief Jan 31, 2018 3:47 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Jan 30, 2018 2:02 PM Motion
Notice - Outgoing - Appellant's Brief Filed Jan 5, 2018 3:04 PM Notice - Outgoing
Brief - Appellant's Opening Jan 5, 2018 1:44 PM Appellant Opening Brief
Notice - Incoming - Appearance - Ryan Peabody (OPD) in place of Deborah S. Smith (ADO) Dec 19, 2017 11:26 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including January 5, 2018, within which to prepare, file, and serve opening brief Nov 27, 2017 12:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 27, 2017 11:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 12/6/17 to file the opening brief Oct 30, 2017 1:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 30, 2017 10:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 11/6/17 to file the opening brief Aug 30, 2017 3:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 29, 2017 12:18 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/5/17 to file the opening brief Jun 28, 2017 3:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 28, 2017 2:04 PM Motion
Order - Appellant is granted an extension of time to and including July 5, 2017, within which to prepare, file, and serve opening brief Apr 28, 2017 2:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 28, 2017 8:29 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 5/5/17 to file the opening brief Feb 23, 2017 10:09 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 23, 2017 8:27 AM Motion
Order - Appellant is granted an extension of time to and including March 6, 2017, within which to prepare, file, and serve opening brief Dec 23, 2016 12:48 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 23, 2016 10:03 AM Motion
Notice - Incoming - Appearance of Deborah S. Smith, Assistant Appellate Defender as appointed counsel for the Appellant Dec 13, 2016 10:55 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including January 2, 2017, within which to prepare, file, and serve opening brief Nov 23, 2016 3:10 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 23, 2016 10:54 AM Motion
Order - Appellant is granted an extension of time to and including December 2, 2016, within which to prepare, file, and serve opening brief Oct 26, 2016 4:31 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 26, 2016 10:42 AM Motion
Extension - Appellant is given an extension of time until November 2, 2016, to prepare, file, and serve the Appellant's opening brief Oct 4, 2016 9:48 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Oct 3, 2016 3:57 PM Motion
Notice - Outgoing - District Court Record Filed Sep 1, 2016 10:49 AM Record
Record - DC Record Filed - 1 red file folder Sep 1, 2016 10:41 AM Record
Notice - Outgoing - Appeal Notice Jul 26, 2016 9:18 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 25, 2016 4:26 PM Notice - Incoming