State v. Robert L. Rose

05-129 ·Direct Appeal ·Criminal ·Closed

Docket 05-129

Type Direct Appeal — Assault

Classification Criminal

Outcome Closed - Outcome unknown (closed without outcome)

Lower court case DC 2002-02

Lower court judge Hon. Jeffrey H. Langton

Key dates

Closed Mar 11, 2009

Classified Oct 31, 2007

Appeal filed Oct 29, 2004

Record filed Jun 26, 2007

Oral argument Oct 31, 2007

Briefing ended Jul 10, 2007

Opinion issued Jan 13, 2009

Briefing started Jun 26, 2007

Rehearing denied Mar 11, 2009

Sent to the court Feb 27, 2009

Rehearing requested Feb 3, 2009

Submitted for decision Oct 31, 2007

Appellant Reply Brief Filed Jul 10, 2007

Appellant Opening Brief Filed Oct 20, 2005

Appellee Response Brief Filed Jul 10, 2007

Calculated

from the docket dates

Appeal filed to briefing start 970

Briefing days 13

Briefing start to opening brief filed 613

Classified to Opinion 439

Close of briefing to sent to court 598

Filing date to Opinion 1,537

Filing date to closed 1,594

Opening to response 627

Opinion to closed 57

Oral argument to Opinion 439

Response to reply 0

Sent to court to classified 485

Sent to court to oral argument 484

Submitted for decision to Opinion 45

Parties

Appellee

State of Montana

Represented by Tammy K Plubell

Opinion

State v. Robert L. Rose, 2009 MT 4

Unknown opinion on January 13, 2009, in a 4 to 0 with 2 concurring published opinion.

Events

most recent first

Notice - Incoming - U.S. Sup. Ct. - Cert. Ruling. Writ of certiorari is denied Oct 9, 2009 11:52 AM Notice - Incoming

Notice - Incoming - U.S. Sup. Ct. - Cert. Filed Aug 7, 2009 11:00 AM Notice - Incoming

Notice - Incoming - U.S. Sup. Ct. - time to file petition for writ of certiorari was extended to July 21, 2009 Jun 15, 2009 1:50 PM Notice - Incoming

Event - Case Closed Mar 11, 2009 1:29 PM Closing Notice

Notice - Outgoing - Remittitur Issued Mar 11, 2009 1:22 PM Closed - Outcome Unknown

Order - Deny-Petition for Rehearing Mar 11, 2009 11:45 AM Order - Petition for Rehearing Denied

Event - Sent to Court-Petition for Rehearing Feb 27, 2009 2:24 PM Classifying Notice

Petition - Rehearing. holding for objection Feb 11, 2009 10:10 AM Petition

Order - Grant; motion to withdraw as counsel for Rose is GRANTED. Rose is granted to Feb. 12, 2009, to file petition for rehearing, should he desire to do so. No further extensions will be granted Feb 3, 2009 9:15 AM Order - Extension

Motion - Withdrawal of Counsel and Request for Continuance. sent to Court Jan 27, 2009 1:59 PM Motion

Opinion - Published - Warner, affirmed Jan 13, 2009 11:35 AM Opinion

Notice - Incoming - Attorney Substitution/Withdrawal Jan 5, 2009 12:00 AM Notice - Incoming

Order - Rose's request for oral argument is DENIED Oct 31, 2007 2:57 PM Order - Other

Order - Classified - En Banc Oct 31, 2007 11:48 AM Classifying Notice

Response/Objection - to Request for Oral Argument. copies to Court Oct 16, 2007 1:57 PM Response

Notice of Supplemental Authority and Request for Oral Argument. copies to Court Oct 5, 2007 3:26 PM Notice

Brief - Appellant's Supplemental Brief. copies to Court Jul 10, 2007 9:30 AM Appellant Reply Brief

Brief - Supplemental Respondent's Brief. copies to Court Jul 10, 2007 8:34 AM Appellee Response Brief

Notice - Outgoing - District Court Record Filed Jun 26, 2007 11:23 AM Record

Record - DC Record/Exhibits/Transcript Filed (6 red folders, 3 env. exhibits, 1 white binder, 11 original trans. in expanding folder [part of DC record], 7 transcript copies [originals previously filed 3/9/05]; 1 original transcript w/2 copies) Jun 26, 2007 11:18 AM Record

Rulings - Other Courts - Findings of Fact, Conclusions of Law, & Order Re: Speedy Trial Issue. copy only, sent to Court Jun 21, 2007 10:41 AM Ruling

Record - DC Record Returned to District Court Oct 4, 2006 11:46 AM Record

Order - remanded to DC to hold, within 45 days, an evidentiary hearing on Rose's speedy trial claim. DC shall enter findings as is set forth in this order . . Oct 4, 2006 10:46 AM Order - Other

Order - the Hon. Susan Watters, District Judge, will sit in the place of Justice Brian Morris who has recused himself Aug 28, 2006 4:00 PM Order - Other

Event - Case Sent to Court Feb 15, 2006 11:19 AM Classifying Notice

Brief - Appellant Reply Feb 13, 2006 11:17 AM Appellant Reply Brief

Brief - Respondent Jan 30, 2006 10:11 AM Appellee Response Brief

Order - Grant - Extension of Time (1/30/06) Jan 18, 2006 1:59 PM Order - Extension

Motion - Unopposed - Extension of Time - Brief Jan 12, 2006 4:28 PM Motion

Order - Deny-Petition for Rehearing; Rose's Petition for reconsideration of this Court's order denying request to supp. brief is DENIED Jan 11, 2006 4:25 PM Order - Petition for Rehearing Denied

Order - Grant - Extension of Time until Jan. 19, 2006, to file Respondent's brief Dec 20, 2005 4:24 PM Order - Extension

Motion - Unopposed - Extension of Time - Brief Dec 19, 2005 4:20 PM Motion

Petition - Rehearing; Petition for reconsideration of Courts Order Denying Request to Supp. brief. holding for objection. copies to Court. 12/29/05 Dec 16, 2005 4:11 PM Petition

Order - Rose's petition to supplement his counsel's brief is DENIED Nov 16, 2005 4:09 PM Order - Other

Notice - Incoming - Supplement to Appellant's Brief. (copy of Judgment) Nov 15, 2005 4:02 PM Notice - Incoming

Response/Objection - to motion to allow appellant (pro se) to supplement counsels brief Nov 3, 2005 3:58 PM Response

Motion - Opposed - to allow Appellant (pro se) to supplement his counsel's appeal brief. holding for objection Oct 24, 2005 3:55 PM Motion

Order - a copy of the judgment or order shall be filed within 10 days and a copy served on counsel of record Oct 20, 2005 3:53 PM Order - Other

Brief - Appellant Oct 20, 2005 3:52 PM Appellant Opening Brief

Order - Grant - Extension of Time; Appellant granted 30 days to file brief Oct 17, 2005 3:51 PM Order - Extension

Notice - Incoming - Appearance; Martin Judnich. copies to Court Jul 1, 2005 3:48 PM Notice - Incoming

Record - DC Returned-Remand; Dist. Court record refiled. (6 folders). Dist Ct order appointing Judnich Jun 24, 2005 3:46 PM Record

Order - Remand-Appointment of Counsel is granted and matter REMANDED to Dist. Ct. for appt. of counsel. Briefing deadlines are STAYED until counsel is appointed. Dist. Court file returned to DC Jun 1, 2005 3:41 PM Order - Other

Motion - Unopposed - Appointment of Counsel May 20, 2005 3:39 PM Motion

Motion - Opposed - Stay; motion for stay and/or extension. holding for objection May 16, 2005 3:38 PM Motion

Order - Grant - Extension of Time until May 12, 2005, to file brief Apr 11, 2005 3:34 PM Order - Extension

Motion - Unopposed - Extension of Time - Brief Apr 8, 2005 3:33 PM Motion

Record - DC Record/Exhibits/Transcript Filed (6 folders, 1 env & 1 white binder of exhibits; 11 Orig. only Transcripts w/dc file; 7vol transcript w/2 copies) Mar 9, 2005 3:30 PM Record