State v. Letherman

DA 21-0589 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0589
Type Direct Appeal — DUI
Classification Criminal
Outcome Reversed
Lower court case DC 20-0508
Lower court judge Hon. Donald L. Harris

Key dates

Closed Nov 24, 2023
Classified Aug 2, 2023
Appeal filed Nov 18, 2021
Record filed Jan 24, 2022
Briefing ended Jun 2, 2023
Opinion issued Oct 24, 2023
Briefing started Jan 25, 2022
Transcript filed Jan 25, 2022
Sent to the court Jun 2, 2023
Submitted for decision Jun 2, 2023
Appellant Reply Brief Filed Jun 2, 2023
Appellant Opening Brief Filed Jan 30, 2023
Appellee Response Brief Filed May 17, 2023

Calculated

from the docket dates
Appeal filed to briefing start 68
Briefing days 492
Briefing start to opening brief filed 370
Classified to Opinion 83
Close of briefing to sent to court 0
Filing date to Opinion 705
Filing date to closed 736
Opening to response 106
Opinion to closed 30
Response to reply 15
Sent to court to classified 60
Submitted for decision to Opinion 143

Tags

Closed Five Justice Panel Published opinion Request for Out of Time Appeal Granted Request for out of time appeal filed Reversed

Parties

Appellee
State of Montana
Represented by Victoria White Callender
Appellant
Mikel Stetson Lethrman
Represented by Chad M. Wright

Opinion

State v. Letherman, 2023 MT 196

Reversed on October 24, 2023, in a 4 to 1 published opinion.

Events

most recent first
Event - Case Closed Nov 24, 2023 9:20 AM Closing Notice
Record - DC Record Return Card Filed Nov 22, 2023 8:32 AM Record
Record - DC Record Returned to District Court; 2-Manila envelopes of Exhibits Nov 9, 2023 8:54 AM Record
Notice - Outgoing - Opinion Release Notice Issued (Electronic record, returned Exhibits Only) Nov 9, 2023 8:44 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Nov 9, 2023 8:33 AM Closing Notice
Opinion - Published - Justice McGrath - REMANDED Oct 24, 2023 2:48 PM Opinion
Order - Classified - Five Justice Panel Aug 2, 2023 11:02 AM Classifying Notice
Event - Case Sent to Court Jun 2, 2023 5:16 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jun 2, 2023 12:58 PM Notice - Outgoing
Brief - Appellant's Reply Brief Jun 2, 2023 12:23 PM Appellant Reply Brief
Order - Grant - Appellant is given an extension of time until June 30, 2023, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted May 22, 2023 3:05 PM Order - Extension
Motion - Unopposed - Extension of Time -Appellant's Reply Brief (First Request 30 Days) May 22, 2023 1:32 PM Motion
Notice - Outgoing - Appellee's Brief Filed May 17, 2023 3:30 PM Notice - Outgoing
Brief - Appellee's Response May 17, 2023 3:02 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 5/31/23 to file the response brief Apr 19, 2023 11:37 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Apr 19, 2023 8:57 AM Motion
Order - Appellee is granted an extension of time to and including May 1, 2023, within which to prepare, file, and serve the State's response brief Mar 21, 2023 4:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Mar 21, 2023 3:36 PM Motion
Extension - Appellee is granted an extension of time to and including March 31, 2023, within which to prepare, serve, and file the State's response brief Feb 27, 2023 12:38 PM Extension
Motion - Unopposed - Extension of Time -Appellee's Brief (First Request 30 Days) Feb 27, 2023 10:23 AM Motion
Notice - Outgoing - Brief Filed - Appellant's Opening Jan 31, 2023 11:11 AM Notice - Outgoing
Brief - Appellant's Opening Jan 30, 2023 3:17 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 2/27/23 to file the opening brief Jan 13, 2023 2:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 13, 2023 9:33 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 26, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 19, 2022 12:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 19, 2022 11:01 AM Motion
Order - Appellant is granted an extension of time to and including December 27, 2022, within which to prepare, file, and serve Appellant's opening brief Nov 15, 2022 11:11 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 - Grant - Extension of Time - Appellant is granted an extension of time to and including November 25, 2022, within which to prepare, file, and serve Appellant's opening brief Oct 19, 2022 12:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Oct 19, 2022 11:53 AM Motion
Order - Appellant is granted an extension of time to and including October 26, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 19, 2022 3:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 19, 2022 10:05 AM Motion
Order - Grant - Extension of Time - Appellant is granted until September 26, 2022 to file the opening brief Aug 19, 2022 10:30 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 19, 2022 8:51 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/26/22 to file the opening brief Jul 25, 2022 1:47 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jul 25, 2022 10:52 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 27, 2022, within which to prepare, file, and serve Appellant's opening brief Jun 20, 2022 2:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 20, 2022 12:55 PM Motion
Order - Appellant is granted an extension of time to and including June 27, 2022, within which to prepare, file, and serve Appellant's opening brief May 20, 2022 10:13 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 20, 2022 9:57 AM Motion
Order - Appellant is granted an extension of time to and including May 27, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 20, 2022 11:27 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 20, 2022 10:39 AM Motion
Order - Appellant is granted an extension of time to and including April 27, 2022, within which to prepare, file, and serve Appellant's opening brief Mar 21, 2022 2:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Mar 21, 2022 12:16 PM Motion
Extension - Grant of Extension - Appellant is given until March 28, 2022 to file the opening brief Feb 24, 2022 3:58 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Feb 24, 2022 11:22 AM Motion
Notice - Outgoing - Exhibits Filed Jan 26, 2022 11:10 AM Notice - Outgoing
Record - Exhibits Filed - 2 envelopes, 1 of which is marked Sealed and Confidential Jan 26, 2022 11:09 AM Record
Notice - Outgoing - Transcript Filed Jan 25, 2022 2:43 PM Transcript
Electronic Transcripts Filed of December 1, 2020; March 5, 2021 and March 10, 2021 hearings Jan 25, 2022 12:06 PM Other
Notice - Outgoing - District Court Record Filed Jan 24, 2022 4:33 PM Record
DC Record Filed for Cause No. DC 20-508 consisting of electronic document 1-98 and Case Register Report Jan 24, 2022 4:28 PM Record
Notice - Outgoing - Transcript Filed Jan 10, 2022 2:04 PM Transcript
Record - Transcript Filed - electronically transmitted transcript of 1/5/21 hearing Jan 10, 2022 1:47 PM Record
Notice - Outgoing - Transcript Filed - June 29, 2021 Sentencing Jan 6, 2022 12:16 PM Transcript
Record - Transcript Filed - June 29, 2021 Sentencing Jan 6, 2022 12:09 PM Record
Notice - Incoming - Transcripts Deemed Necessary Dec 15, 2021 3:47 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Dec 15, 2021 2:11 PM Notice - Outgoing
Notice of Appeal Filed Dec 15, 2021 1:52 PM Notice
Order - The petition for out of time appeal is GRANTED; Appellate Defender Division is APPOINTED; ADD shall have 30 days to file a notice of appeal or a motion to rescind the appointment. - RE-Served Dec 15, 2021 1:25 PM Order - Other
Order - the petition for out of time appeal is GRANTED; Appellate Defender Division is APPOINTED; ADD shall have 30 days to file a notice of appeal or a motion to rescind the appointment Nov 23, 2021 4:51 PM Order - Other
Event - Case Sent to Court-Pleading Nov 18, 2021 3:52 PM Event
Petition - Out of Time Appeal Nov 18, 2021 3:49 PM Petition