State v. L. Higgins

DA 18-0233 ·Direct Appeal ·Criminal ·Closed
Docket DA 18-0233
Type Direct Appeal — Mischief-Criminal
Classification Criminal
Outcome Affirmed
Lower court case DC 16-18
Lower court judge Hon. Daniel A. Boucher

Key dates

Closed Mar 19, 2020
Classified Jan 29, 2020
Appeal filed May 3, 2018
Record filed May 30, 2018
Briefing ended Dec 14, 2019
Opinion issued Mar 3, 2020
Briefing started Oct 25, 2019
Transcript filed Oct 25, 2019
Sent to the court Dec 19, 2019
Submitted for decision Dec 19, 2019
Appellant Reply Brief Filed Dec 14, 2019
Appellant Opening Brief Filed Feb 13, 2019
Appellee Response Brief Filed Nov 14, 2019

Calculated

from the docket dates
Appeal filed to briefing start 540
Briefing days 49
Briefing start to opening brief filed 254
Classified to Opinion 34
Close of briefing to sent to court 5
Filing date to Opinion 670
Filing date to closed 686
Opening to response 273
Opinion to closed 15
Response to reply 29
Sent to court to classified 41
Submitted for decision to Opinion 75

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Leonard Higgins
Represented by Herman Austin Watson, IV

Opinion

State v. L. Higgins, 2020 MT 52

Affirmed on March 3, 2020, in a 5 to 0 published opinion.

Events

most recent first
Order - Herman A. Watson, IV is withdrawn as attorney of record Apr 3, 2020 2:38 PM Order - Other
Motion - Withdrawal of Counsel (Herman Watson for Appellant). sent to Court Apr 2, 2020 10:17 AM Motion
Event - Case Closed (electronic record) Mar 19, 2020 9:13 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 19, 2020 9:09 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 19, 2020 9:09 AM Closing Notice
Opinion - Published - Justice Gustafson - Affirmed Mar 3, 2020 2:44 PM Opinion
Order - Classified - Five Justice Panel Jan 29, 2020 11:46 AM Classifying Notice
Event - Case Sent to Court Dec 19, 2019 10:17 AM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant Reply Dec 16, 2019 4:33 PM Notice - Outgoing
Brief - Appellant Reply Dec 13, 2019 5:36 PM Appellant Reply Brief
Order - Appellant is granted an extension of time to December 13, 2019, to file and serve the reply brief. No further extensions will be granted Nov 14, 2019 1:39 PM Order - Extension
Motion - Extension of Time - Reply Brief Nov 14, 2019 10:55 AM Motion
Notice - Outgoing - Brief Filed Nov 14, 2019 10:05 AM Notice - Outgoing
Brief - Appellee's Response Nov 13, 2019 5:39 PM Appellee Response Brief
Notice - Outgoing - Transcript Filed Oct 25, 2019 3:31 PM Transcript
Record - Transcript Filed - electronically transmitted transcript of 3/20/18 hearing Oct 25, 2019 3:29 PM Record
Order - Grant - Extension of Time - Appellee is granted until 11/13/19 to file the response brief Oct 23, 2019 5:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Oct 23, 2019 3:08 PM Motion
Order - Grant - Extension of Time to October 30, 2019 to file Appellee's Brief Sep 13, 2019 3:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Sep 13, 2019 12:00 PM Motion
Order - Appellee is granted an extension of time to and including September 20, 2019, within which to prepare, serve, and file Appellee's Brief Aug 2, 2019 1:42 PM Order - Extension
Motion - Opposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Aug 1, 2019 4:37 PM Motion
Order - Grant - Extension of Time to and including August 9, 2019, within which to prepare, serve, and file the State's response Jun 21, 2019 4:38 PM Order - Extension
Motion - Opposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jun 21, 2019 3:36 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 6/28/19 to file the response brief May 14, 2019 5:08 PM Order - Extension
Motion - Opposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief May 14, 2019 2:52 PM Motion
Order - Appellee is granted an extension of time to and including May 21, 2019, within which to prepare, serve, and file the State's response Apr 8, 2019 11:45 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 5, 2019 4:21 PM Motion
Extension - Appellee is granted an extension of time to and including April 12, 2019, within which to prepare, serve, and file its response brief Mar 15, 2019 8:14 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Mar 14, 2019 4:19 PM Motion
Notice - Outgoing - Brief Filed Feb 14, 2019 9:14 AM Notice - Outgoing
Brief - Appellant's Opening Feb 13, 2019 3:07 PM Appellant Opening Brief
Order - Deficiencies-Brief returned for compliance within 10 days of the date of this order. Subsequent briefing shall run from the date of the filing of the revised brief Feb 13, 2019 8:31 AM Order - Deficiency
Order - Appellant Leonard Higgins is granted an extension of time until February 12, 2019 to prepare, serve, and file his opening brief Feb 5, 2019 4:41 PM Order - Extension
Motion - Extension of Time - Appellant's Brief Feb 5, 2019 1:24 PM Motion
Order - Grant - Extension of Time.Appellant is granted an extension of time to and including February 4, 2019, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 14, 2018 1:25 PM Order - Extension
Motion - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 13, 2018 1:27 PM Motion
Notice - Outgoing - Transcript Filed Dec 5, 2018 10:03 AM Transcript
Electronic Transcripts Filed of November 21, 2017 (A.M. & P.M.); November 22, 2017 (A.M. & P.M.); and March 20, 2018 hearings Dec 4, 2018 10:12 PM Other
Order - Grant - Extension of Time.Appellant has until December 4, 2018, in which to file the transcripts in the captioned matter. No further extensions will be granted Nov 21, 2018 2:42 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript and Affidavit in Support Nov 20, 2018 5:05 PM Motion
Order - Court Reporter Cindy Prindville's deadline to produce transcripts, from the Trial of The State of Montana v. Leonard Higgins, is continued to 23rd day of November, 2018 Oct 12, 2018 2:08 PM Order - Other
Motion - Extension of Time - Prepare Transcript Oct 10, 2018 2:07 PM Motion
Order - Grant - Extension of Time to Prepare Transcript to October 9, 2018 Aug 20, 2018 11:22 AM Order - Extension
Motion - Extension of Time - Prepare Transcript Aug 17, 2018 2:24 PM Motion
Rulings - Copy of DC Order Granting Extension of Time to Prepare Transcript (40 days) Jun 20, 2018 8:27 AM Ruling
Notice - Outgoing - District Court Record Filed May 30, 2018 10:53 AM Record
Record - DC Record Filed - electronically transmitted documents 1-63 May 30, 2018 10:52 AM Record
Notice - Outgoing - Appeal Notice May 3, 2018 1:26 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed May 3, 2018 12:42 PM Notice - Incoming