05/21/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0281
No. DA 19-0281
STATE OF MONTANA,
Plaintiff and Appellee,
v.
DARRION LEE KRISTOPHER ZAVALA,
Defendant and Appellant.
MOTION FOR EXTENSION OF TIME
WITH AFFIDAVIT IN SUPPORT
COMES NOW, Kristen L. Peterson, Assistant Appellate Defender
for the Appellate Defender Division, and respectfully requests an
extension of time until June 26, 2020, in which to prepare, file, and
serve the Appellant’s opening brief in the above-entitled matter. This is
Appellant’s eleventh request for an extension. Appellant’s opening brief
was first due July 29, 2019. Appellant’s opening brief is currently due
May 27, 2020. Appellant submits the attached affidavit in support of
this motion.
Opposing counsel has been contacted and has no objection.
Respectfully submitted this 20th day of May, 2020.
OFFICE OF STATE PUBLIC DEFENDER
APPELLATE DEFENDER DIVISION
P.O. Box 200147
Helena, MT 59620-0147
By: /s/ Kristen L. Peterson
KRISTEN L. PETERSON
Assistant Appellate Defender
MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT
PAGE 2
STATE OF MONTANA )
: ss.
County of Lewis and Clark )
I, Kristen L. Peterson, in compliance with M. R. App. P. 26(2),
declare:
1. I am a licensed, practicing attorney in the State of Montana,
and I am currently employed by the Appellate Defender Division,
(ADD), as an Assistant Appellate Defender.
2. I was assigned to handle State v. Zavala, DA 19-0281, on
February 11, 2020.
3. Appellant’s opening brief was first due on July 29, 2019, and
is presently due May 27, 2020. This is ADD’s eleventh extension
request overall. The first seven extension requests were filed prior to
my assignment to this case. As with all previous requests, this is a 30-
day extension request.
4. In my 0.75 FTE position, I have been unable to complete the
opening brief within the previous time allotted because I have been
working on other older cases. I filed an opening brief on April 22, 2020,
in State v. Jeffords, DA 18-0651. I also worked on In re A.D., DA 19-
0211 (motion to voluntarily dismiss appeal filed April 30, 2020). I am
MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT
PAGE 3
currently working on In re A.O., DA 19-0141 (opening brief due May 29,
2020). I have also worked on In re S.N., DA 18-0560 (opening brief
currently due June 26, 2020). In addition to these cases, I have also
been assigned to handle In re S.G.-H.M., DA 19-0199 (opening brief
currently due June 22, 2020), and In re B.A.F., DA 19-0607 (opening
brief currently due June 3, 2020).
5. Due to COVID-19, I have been caring for my children at
home because of school closures beginning March 16, 2020 and closure
of our daycare on March 18, 2020, which resumed part-time care on
May 4, 2020.
6. This case is currently my third priority opening brief after
A.O. and S.N. I have begun reviewing the record. Additional time is
necessary to complete my review, research issues, consult with my
client, and draft the opening brief. I will work diligently to complete
this matter in the time requested.
7. This client is currently in custody.
8. The State has been contacted and does not object to this
request.
MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT
PAGE 4
9. I declare under penalty of perjury that the above is true and
correct.
/s/ Kristen L. Peterson May 20, 2020
Kristen L. Peterson, Date
Helena, Montana
MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT
PAGE 5
CERTIFICATE OF SERVICE
I, Kristen Lorraine Peterson, hereby certify that I have served true and accurate copies of the
foregoing Motion - Unopposed to the following on 05-20-2020:
Scott D. Twito (Prosecutor)
Yellowstone County Attorney's Office
PO Box 35025
Billings MT 59107
Representing: State of Montana
Service Method: eService
Timothy Charles Fox (Prosecutor)
Montana Attorney General
215 North Sanders
PO Box 201401
Helena MT 59620
Representing: State of Montana
Service Method: eService
Electronically signed by Kim Harrison on behalf of Kristen Lorraine Peterson
Dated: 05-20-2020
Electronically signed by:
Mike McGrath
Chief Justice, Montana Supreme Court
May 21 2020