State v. Burnett

DA 19-0738 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0738
Type Direct Appeal — Assault
Classification Criminal
Outcome Affirmed
Lower court case DDC 18-241
Lower court judge Hon. Robert G. Olson

Key dates

Closed Feb 4, 2022
Classified Jan 12, 2022
Appeal filed Dec 30, 2019
Record filed Feb 4, 2020
Briefing ended Oct 28, 2021
Opinion issued Jan 18, 2022
Briefing started Jul 14, 2021
Transcript filed Jul 14, 2021
Sent to the court Oct 29, 2021
Submitted for decision Oct 29, 2021
Appellant Reply Brief Filed Oct 28, 2021
Appellant Opening Brief Filed Jul 16, 2021
Appellee Response Brief Filed Sep 14, 2021

Calculated

from the docket dates
Appeal filed to briefing start 562
Briefing days 106
Briefing start to opening brief filed 2
Classified to Opinion 6
Close of briefing to sent to court 0
Filing date to Opinion 750
Filing date to closed 767
Opening to response 59
Opinion to closed 16
Response to reply 44
Sent to court to classified 74
Submitted for decision to Opinion 81

Tags

Affirmed Closed En Banc Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Kathryn Fey Schulz
Appellant
Amber Marie Burnette
Represented by Kathryn Grear Hutchison

Opinion

State v. Burnett, 2022 MT 10

Affirmed on January 18, 2022, in a 0 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 9, 2022 2:39 PM Record
Record - DC Record Returned to District Court Feb 4, 2022 2:07 PM Record
Event - Case Closed Feb 4, 2022 2:06 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Feb 4, 2022 2:05 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 4, 2022 1:58 PM Closing Notice
Opinion - Published: Justice Laurie McKinnon Affirms Jan 18, 2022 4:21 PM Opinion
Order - Re-Classified - En Banc Jan 12, 2022 11:02 AM Classifying Notice
Order - Classified - Five Justice Panel Dec 1, 2021 11:34 AM Classifying Notice
Event - Case Sent to Court Oct 29, 2021 1:36 PM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant's Reply) Oct 29, 2021 1:35 PM Notice - Outgoing
Notice - Incoming - Errata to Appellant's Opening Brief Oct 28, 2021 4:41 PM Notice - Incoming
Brief - Appellant Reply Oct 28, 2021 4:41 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until October 28, 2021, to prepare, file, and serve the reply brief Sep 20, 2021 2:51 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Sep 20, 2021 12:35 PM Motion
Notice - Outgoing - Brief Filed (Appellee's) Sep 16, 2021 2:20 PM Notice - Outgoing
Brief - Appellee's Response Sep 14, 2021 3:42 PM Appellee Response Brief
Extension - Grant of Extension - Appellee is granted an extension of time to and including, September 14, 2021, within which to prepare, serve, and file its response brief Aug 3, 2021 11:27 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Aug 2, 2021 3:18 PM Motion
Notice - Outgoing - Opening Brief Filed - (Appellant's) Jul 16, 2021 4:13 PM Notice - Outgoing
Brief - Appellant's Opening Jul 16, 2021 4:04 PM Appellant Opening Brief
Order - Grant - The caption shall read "State of Montana v. Amber Burnett" - Jul 16, 2021 3:25 PM Order - Other
Motion - Unopposed - To Correct Caption Jul 16, 2021 1:01 PM Motion
Notice - Outgoing - Transcript Filed Jul 14, 2021 1:53 PM Transcript
Record - Transcript Filed - Electronic transcript of May 18, 2018 arraignment hearing Jul 14, 2021 1:41 PM Record
Order - Appellant is granted an extension of time to and including July 16, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal. No further extensions will be granted Jul 1, 2021 3:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jul 1, 2021 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until July 9, 2021 to file the opening brief; no further extensions will be granted Jun 3, 2021 3:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 2, 2021 11:45 AM Motion
Order - Appellant is granted an extension of time to and including June 9, 2021, within which to prepare, file, and serve Appellant's opening brief May 3, 2021 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 3, 2021 10:56 AM Motion
Order - Appellant is granted an extension of time to and including May 10, 2021, within which to prepare, file, and serve Appellant's opening brief Apr 5, 2021 8:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 2, 2021 11:36 AM Motion
Order - Grant - Extension of Time - Appellant is granted until April 9, 2021 to file the opening brief Mar 3, 2021 4:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Mar 3, 2021 12:07 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 3/10/21 to file the opening brief Feb 1, 2021 4:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 1, 2021 12:01 PM Motion
Order - Appellant is granted an extension of time to and including February 8, 2021, within which to prepare, file, and serve Appellant's opening brief Dec 31, 2020 2:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 31, 2020 8:00 AM Motion
Order - Appellant is granted an extension of time to and including January 7, 2021, within which to prepare, file, and serve Appellant's opening brief Dec 1, 2020 4:33 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 1, 2020 12:05 PM Motion
Order - Grant - Extension of Time - Appellant has until December 8, 2020 to file their opening brief Oct 2, 2020 3:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 2, 2020 10:06 AM Motion
Order - Appellant is granted an extension of time to and including October 9, 2020, within which to prepare, file, and serve Appellant's opening brief Sep 2, 2020 3:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension, Appellant's opening Brief Sep 2, 2020 11:53 AM Motion
Order - Grant - Extension of Time - Appellant has until 9/9/2020 to file their opening brief Aug 3, 2020 4:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 3, 2020 1:23 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/10/20 to file the opening brief Jul 7, 2020 3:21 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 6, 2020 3:16 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/10/20 to file the opening brief Jun 4, 2020 10:31 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 3, 2020 9:19 AM Motion
Order - Grant - Extension of Time - Appellant's is granted until June 10, 2020 to file the opening brief May 4, 2020 1:43 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 4, 2020 9:39 AM Motion
Extension - Appellant is given an extension of time until May 11, 2020 to prepare, file, and serve the Appellant's opening brief Apr 7, 2020 9:52 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Apr 7, 2020 9:06 AM Motion
Record - DC Record Return Card Filed (taser returned) Mar 18, 2020 11:18 AM Record
Notice - Outgoing - Exhibits Filed Mar 13, 2020 2:37 PM Notice - Outgoing
Record - Exhibits Filed consisting of one envelope. (returned Exhibit 34 to the Court as it was a physical exhibit (taser)) Mar 13, 2020 2:36 PM Record
Notice - Outgoing - Transcript Filed Mar 11, 2020 4:11 PM Transcript
Electronic Transcripts Filed for June 10, 2019; August 5, 2019; August 6, 2019; September 27, 2019; and December 13, 2019, hearings Mar 11, 2020 3:55 PM Other
Notice - Outgoing - District Court Record Filed Feb 4, 2020 2:35 PM Record
Record - DC Record Filed two red file folders case Register of actions and Order being appealed Feb 4, 2020 2:30 PM Record
Notice - Incoming - Transcripts Deemed Necessary Jan 29, 2020 3:01 PM Notice - Incoming
Notice - Incoming - Appearance of Chad Wright on behalf of the Appellant Jan 29, 2020 12:06 PM Notice - Incoming
Order - the motion to withdraw and appointment of appellate counsel is GRANTED; ADD shall have 30 days to file either a notice of appearance or a motion to rescind the appointment Jan 2, 2020 8:31 AM Order - Other
Notice - Outgoing - Appeal Notice Dec 30, 2019 1:37 PM Notice - Outgoing
Motion - Withdrawal of Counsel - copy to Court Dec 30, 2019 1:36 PM Motion
Notice - Incoming - Notice of Appeal Filed Dec 30, 2019 1:35 PM Notice - Incoming