State v. J. Westfall

DA 21-0571 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0571
Type Direct Appeal — Assault
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC-20-277C
Lower court judge Hon. Heidi J. Ulbricht

Key dates

Closed May 30, 2024
Classified Dec 20, 2023
Appeal filed Nov 16, 2021
Record filed Dec 22, 2021
Briefing ended Nov 13, 2023
Opinion issued May 14, 2024
Briefing started Feb 22, 2022
Transcript filed Feb 22, 2022
Sent to the court Nov 14, 2023
Submitted for decision Nov 14, 2023
Appellant Reply Brief Filed Nov 13, 2023
Appellant Opening Brief Filed Jun 19, 2023
Appellee Response Brief Filed Oct 3, 2023

Calculated

from the docket dates
Appeal filed to briefing start 98
Briefing days 629
Briefing start to opening brief filed 482
Classified to Opinion 146
Close of briefing to sent to court 0
Filing date to Opinion 910
Filing date to closed 926
Opening to response 105
Opinion to closed 15
Response to reply 41
Sent to court to classified 36
Submitted for decision to Opinion 182

Tags

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

Parties

Appellee
State of Montana
Represented by Travis R. Ahner
Appellant
Jeffrey Allen Westfall
Represented by Chad M. Wright

Opinion

State v. J. Westfall, 2024 MT 99

Affirmed in part, reversed in part on May 14, 2024, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jun 6, 2024 3:32 PM Record
Event - Case Closed May 30, 2024 9:14 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued May 30, 2024 9:10 AM Notice - Outgoing
Record - DC Exhibits Returned to District Court May 30, 2024 8:55 AM Record
Notice - Outgoing - Remittitur Issued May 30, 2024 8:41 AM Closing Notice
Opinion - Published - Justice McKinnon - Affirmed in part, reversed in part, and remanded May 14, 2024 3:57 PM Opinion
Order - Classified - Five Justice Panel Dec 20, 2023 11:17 AM Classifying Notice
Event - Case Sent to Court Nov 14, 2023 8:08 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Nov 14, 2023 8:06 AM Notice - Outgoing
Brief - Appellant Reply Nov 13, 2023 3:56 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until November 16, 2023, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Oct 16, 2023 12:01 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Brief Oct 16, 2023 11:26 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Oct 3, 2023 4:15 PM Notice - Outgoing
Brief - Appellee's Response Oct 3, 2023 2:57 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including October 17, 2023, within which to prepare, serve, and file its response brief Aug 11, 2023 10:30 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Aug 11, 2023 9:00 AM Motion
Extension - Grant of Extension - Appellee is granted an extension of time to and including August 18, 2023, within which to prepare, serve, and file its response brief Jul 17, 2023 1:11 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Jul 17, 2023 11:23 AM Motion
Notice - Outgoing - Brief Filed - Appellant Opening Jun 20, 2023 3:42 PM Notice - Outgoing
Brief - Appellant's Opening Jun 19, 2023 4:57 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including June 23, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal May 17, 2023 2:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's opening brief May 16, 2023 3:15 PM Motion
Order - Appellant is granted an extension of time to and including May 24, 2023, within which to prepare, file, and serve Appellant's opening brief Apr 17, 2023 12:48 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 17, 2023 11:29 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/24/23 to file the opening brief Mar 17, 2023 10:30 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 17, 2023 9:34 AM Motion
Order - Appellant is granted an extension of time to and including March 24, 2023, within which to prepare, file, and serve Appellant's opening brief Feb 15, 2023 11:21 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 15, 2023 8:15 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/22/23 to file the opening brief Jan 13, 2023 9:58 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 13, 2023 8:26 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/23/23 to file the opening brief Dec 16, 2022 11:31 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Dec 15, 2022 1:28 PM Motion
Order - Appellant is granted an extension of time to and including December 23, 2022, within which to prepare, file, and serve Appellant's opening brief Nov 15, 2022 9:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 14, 2022 3:03 PM Motion
Order - Appellant is granted an extension of time to and including November 23, 2022, within which to prepare, file, and serve Appellant's opening brief Oct 17, 2022 11:33 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 17, 2022 10:57 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 24, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 7, 2022 11:14 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 7, 2022 10:16 AM Motion
Order - Appellant is granted an extension of time to and including September 23, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 17, 2022 12:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 17, 2022 9:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 24, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 18, 2022 1:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 18, 2022 12:05 PM Motion
Order - Grant - Extension of Time - Appellant is granted until July 25, 2022 to file the Opening Brief Jun 17, 2022 4:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 17, 2022 10:44 AM Motion
Order - Appellant is granted an extension of time to and including June 24, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 18, 2022 1:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 18, 2022 10:51 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 25, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 18, 2022 12:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Apr 18, 2022 11:39 AM Motion
Extension - Grant of Extension - Appellant is granted until 4/25/22 to file the opening brief Mar 21, 2022 4:17 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Mar 21, 2022 11:41 AM Motion
Notice - Outgoing - Transcript Filed Feb 22, 2022 9:09 AM Transcript
Electronic Transcript Filed of April 19 & 20, 2021 Jury Trial and July 22, 2021 Sentencing hearing Feb 22, 2022 8:00 AM Other
Notice - Outgoing - Exhibits Filed Jan 14, 2022 1:25 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. DC 20-277C consisting of a manila envelope with State's Exhibit 2 and CD of State's Exhibits 3, 4 & 5 Jan 14, 2022 1:21 PM Record
Notice - Outgoing - District Court Record Filed Dec 22, 2021 4:03 PM Record
DC Record Filed for Cause No. DC-20-277 consisting of electronic documents 1-99 and Case Register Report Dec 22, 2021 3:48 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to March 18, 2021 Dec 17, 2021 11:47 AM Ruling
Notice - Incoming - Transcripts Deemed Necessary Nov 16, 2021 1:19 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Nov 16, 2021 11:16 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 16, 2021 11:11 AM Notice - Incoming