State v. Myers Starks

DA 24-0378 ·Direct Appeal ·Criminal ·Closed
Docket DA 24-0378
Type Direct Appeal — Assault on Peace Officer/Judicial Officer
Classification Criminal
Outcome Reversed
Lower court case DC-23-324(B)
Lower court judge Hon. Robert B. Allison

Key dates

Closed May 21, 2026
Classified Feb 18, 2026
Appeal filed Jun 19, 2024
Record filed Aug 1, 2024
Briefing ended Dec 2, 2025
Opinion issued May 5, 2026
Briefing started Aug 1, 2024
Transcript filed Jul 31, 2024
Sent to the court Dec 2, 2025
Submitted for decision Dec 2, 2025
Appellant Reply Brief Filed Dec 2, 2025
Appellant Opening Brief Filed Sep 18, 2025
Appellee Response Brief Filed Oct 17, 2025

Calculated

from the docket dates
Appeal filed to briefing start 43
Briefing days 488
Briefing start to opening brief filed 412
Classified to Opinion 76
Close of briefing to sent to court 0
Filing date to Opinion 685
Filing date to closed 701
Opening to response 28
Opinion to closed 15
Response to reply 46
Sent to court to classified 77
Submitted for decision to Opinion 153

Tags

Closed Final Order Issued Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Travis R. Ahner
Appellant
Joshua William Myers Starks
Represented by Tammy Ann Hinderman

Opinion

State v. Myers Starks, 2026 MT 93

Reversed on May 5, 2026, in a 4 to 0 with 1 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jun 2, 2026 2:33 PM Record
Record - DC Record Returned to District Court May 21, 2026 8:13 AM Record
Event - Case Closed May 21, 2026 8:12 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued May 21, 2026 8:10 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued May 21, 2026 8:09 AM Closing Notice
Opinion - Published - Justice Bidegaray - Reversed and Remanded May 5, 2026 4:38 PM Opinion
Opinion - Published - Justice Bidegaray - Reversed and Remanded May 5, 2026 4:01 PM Opinion
Order - Classified - Five Justice Panel Feb 18, 2026 11:08 AM Classifying Notice
Event - Case Sent to Court Dec 2, 2025 4:58 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Dec 2, 2025 4:57 PM Notice - Outgoing
Brief - Appellant Reply - Redacted Dec 2, 2025 4:07 PM Appellant Reply Brief
Notice - Outgoing - UNREDACTED Reply Brief Filed Dec 2, 2025 1:59 PM Notice - Outgoing
Order - IT IS ORDERED that the referenced REDACTED brief is rejected. Within ten days the Appellant shall file a revised brief containing the revisions necessary and shall serve copies of the revised brief on all parties of record; No changes, additions, or deletions other than those specified may be made; and the times for any subsequent briefing shall run from the date of filing of the revised brief Dec 1, 2025 4:54 PM Order - Other
UNREDACTED - Brief - Appellant Reply Dec 1, 2025 1:56 PM Other
Order - Appellant is given an extension of time until December 1, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Oct 27, 2025 3:15 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Oct 27, 2025 2:28 PM Motion
Notice - Outgoing - Brief Filed - UNREDACTED Oct 17, 2025 4:17 PM Notice - Outgoing
Notice - Outgoing - Brief Filed - REDACTED Oct 17, 2025 4:15 PM Notice - Outgoing
Brief - Appellee's Response - UNREDACTED Oct 17, 2025 2:34 PM Appellee Response Brief
Brief - Appellee's Response - REDACTED Oct 17, 2025 2:32 PM Appellee Response Brief
Notice - Outgoing - Appellant's Opening Brief Filed Sep 19, 2025 9:19 AM Notice - Outgoing
Brief - Appellant's Opening - Redacted and Unredacted Sep 18, 2025 2:49 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including October 3, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 29, 2025 11:07 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 29, 2025 10:16 AM Motion
Order - Appellant is granted an extension of time to and including September 3, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 31, 2025 11:09 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 28, 2025 10:17 AM Motion
Order - Appellant is granted an extension of time to and including August 4, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal May 27, 2025 2:30 PM Order - Extension
Motion - Unopposed - Appellant's 60-day Motion and Affidavit for Second or Subsequent Extension May 27, 2025 11:55 AM Motion
Order - Appellant is granted an extension of time to and including June 3, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 26, 2025 11:38 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 26, 2025 9:51 AM Motion
Order - Appellant is granted an extension of time to and including April 4, 2025, within which to prepare, file, and serve Appellant's opening brief Jan 28, 2025 8:59 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 27, 2025 3:54 PM Motion
GRANT - Appellant is granted an extension of time to and including February 3, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 26, 2024 2:31 PM Other
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 26, 2024 2:18 PM Motion
Order - Appellant is granted an extension of time to and including January 3, 2025, within which to prepare, file, and serve Appellant's opening brief Nov 26, 2024 4:34 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Nov 26, 2024 11:29 AM Motion
Order - Appellant is granted an extension of time to and including December 4, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 1, 2024 11:49 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 31, 2024 6:12 PM Motion
Order - Appellant is granted an extension of time to and including November 4, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 24, 2024 11:29 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 23, 2024 8:00 AM Motion
Extension - Appellant is given an extension of time until October 2, 2024 to prepare, file, and serve the Appellant's opening brief Sep 3, 2024 11:44 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Brief Sep 3, 2024 8:50 AM Motion
Notice - Outgoing - Exhibits Filed Aug 5, 2024 3:10 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. DC 2023-0324 consisting of 1-Large White envelope with 4-CDs, 1-flash drive and photographs Aug 5, 2024 3:07 PM Record
Notice - Outgoing - District Court Record Filed Aug 1, 2024 3:40 PM Record
Record - Electronic DC Record Filed for Cause DC 23-324 consisting of 1-86 and Case Register Aug 1, 2024 3:28 PM Record
Notice - Outgoing - Transcript Filed Jul 31, 2024 8:45 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC 2023-0324 consisting of 2-20-24 thru 2-23-2024 jury trial Jul 31, 2024 8:15 AM Record
Notice - Outgoing - Transcript Filed Jul 24, 2024 11:56 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC-23-324 of 01/17/2024 & 04/24/2024 hearings Jul 24, 2024 11:48 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jun 19, 2024 12:31 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jun 19, 2024 11:17 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 19, 2024 10:46 AM Notice - Incoming