State v. Stewart

DA 11-0254 ·Direct Appeal ·Criminal ·Closed
Docket DA 11-0254
Type Direct Appeal — Incest
Classification Criminal
Outcome Affirmed
Lower court case DC 2009-194
Lower court judge Hon. Bradley G. Newman

Key dates

Closed Jan 14, 2013
Classified Jul 18, 2012
Appeal filed May 2, 2011
Record filed Jun 14, 2011
Briefing ended May 29, 2012
Opinion issued Dec 27, 2012
Briefing started Sep 8, 2011
Transcript filed Sep 8, 2011
Sent to the court May 31, 2012
Submitted for decision May 31, 2012
Appellant Reply Brief Filed May 29, 2012
Appellant Opening Brief Filed Dec 15, 2011
Appellee Response Brief Filed May 2, 2012

Calculated

from the docket dates
Appeal filed to briefing start 129
Briefing days 263
Briefing start to opening brief filed 98
Classified to Opinion 161
Close of briefing to sent to court 2
Filing date to Opinion 605
Filing date to closed 623
Opening to response 139
Opinion to closed 17
Response to reply 26
Sent to court to classified 48
Submitted for decision to Opinion 210

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellant
Benny Roe Stewart
Represented by Colin M. Stephens

Opinion

State v. Stewart, 2012 MT 317

Affirmed on December 27, 2012, in a 3 to 0 with 2 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 17, 2013 11:12 AM Record
Event - Case Closed Jan 14, 2013 3:11 PM Closing Notice
Record - DC Record Returned to District Court Jan 14, 2013 3:11 PM Record
Notice - Outgoing - Remittitur Issued Jan 14, 2013 3:10 PM Closing Notice
Opinion - Published; Nelson, affirmed Dec 27, 2012 3:40 PM Opinion
Order - Classified - Five Justice Panel Jul 18, 2012 4:05 PM Classifying Notice
Event - Case Sent to Court May 31, 2012 10:29 AM Classifying Notice
Brief - Appellant Reply May 29, 2012 10:27 AM Appellant Reply Brief
Extension - Grant of Extension - Appellant is given until 5/25/12 to file the reply brief May 17, 2012 3:53 PM Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Reply May 16, 2012 11:33 AM Motion
Brief - Appellee May 2, 2012 3:13 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 5/2/12 to file its brief Mar 21, 2012 10:41 AM Order - Extension
Motion - Appellee Unopposed 3rd Extension of Time - Brief and Affidavit in Support (sent to court) Mar 20, 2012 2:55 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 4/2/12 to file its brief Feb 28, 2012 11:24 AM Order - Extension
Motion - Appellee Unopposed 2nd Extension of Time - Brief and Affidavit in Support (sent to court) Feb 24, 2012 9:49 AM Motion
Order - Appellee is GRANTED an Extension of Time until 3/2/2012 to file response brief Jan 19, 2012 10:17 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee). To Court Jan 17, 2012 3:19 PM Motion
Brief - Appellant Dec 15, 2011 11:32 AM Appellant Opening Brief
Notice - Outgoing - Exhibits Filed Dec 13, 2011 11:12 AM Notice - Outgoing
Record - DC Record/Exhibits Filed (1 manila envelope of trial exhibits) Dec 13, 2011 10:56 AM Record
Order - Appellant is granted until 12/10/2011 to file Appellant's Brief Nov 10, 2011 10:33 AM Order - Other
Motion - Unopposed - Extension of Time - Brief (Appellant) Nov 9, 2011 1:53 PM Motion
Extension - Grant of Extension until November 10, 2011, to file the opening brief Oct 11, 2011 4:10 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) Oct 11, 2011 4:02 PM Motion
Notice - Incoming - Appearance (Colin Stephens for Appellant) Sep 16, 2011 9:46 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Sep 8, 2011 10:57 AM Transcript
Record - Transcripts from DC 09-194 consisting of (1) volume dated 8/30/2010, 8/31/ 2010; and 9/1/2010; (1) volume dated 2/10/11; and (1) volume dated 4/7/11 Filed Sep 8, 2011 10:51 AM Record
Rulings - Other Courts - Order for the Hon. Brad Newman GRANT of Extension of Time until 9/7/11 to Prepare Transcript Aug 1, 2011 12:53 PM Ruling
Order - TRANSCRIPTS from the 8/30-9/1/2011 Jury Trial, 2/10/2011 motion for new trial, and the 4/7/2011 Sentencing hearing shall be placed in the record. Court Rptr. shall abide by deadlines for transmission of the record with this Order substituted for the date of the NOA Jun 21, 2011 11:45 AM Order - Other
Motion - Unopposed -for production of transcripts for appeal. To court Jun 17, 2011 4:43 PM Motion
Notice - Incoming - Appearance (Office of the Public Defender) Jun 15, 2011 9:35 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Jun 14, 2011 2:44 PM Record
Record - DC Record Filed (1 folder) Jun 14, 2011 2:43 PM Record
Order - the motion for appointment of counsel is GRANTED; OAD shall either file a notice of appearance or a motion to rescind within 30 days May 17, 2011 11:37 AM Order - Other
Notice - Outgoing - Appeal Notice May 4, 2011 1:53 PM Notice - Outgoing
Motion - Unopposed - Appointment of Counsel. Copy to Court May 2, 2011 1:44 PM Motion
Notice - Incoming - Notice of Appeal Filed May 2, 2011 1:43 PM Notice - Incoming