Opinion
DA 21-0367
01-11-2022
MATTHEW RYAN AILER, Petitioner and Appellee, v. STATE OF MONTANA, Respondent and Appellant.[1]
ORDER
On December 7, 2021, this Court granted self-represented Appellant Matthew Ryan Ailer's Motion for Extension of Time and ordered that he file his opening brief on January 8, 2022. On January 6, 2022, Ailer filed an "Opposed Motion for In-Camera Review," a "Motion for Leave to File an Over-Length Motion for In-Camera Review," as well as a third Motion for Extension of Time. The State of Montana has filed an Objection to Ryan's Motion for Leave to File an Over-Length Motion for In-Camera Review.
Ailer seeks to have this Court conduct an in-camera review of Confidential Criminal Justice Information (CCJI) for his criminal investigation, related to a claim in Workers' Compensation Court (WCC) and subsequent criminal investigation for theft, dating back to 2011. The State responds that this motion should be denied for five reasons, including that an in-camera review occurs at the District Court level and this Court has denied his motion to supplement the record in an October 12, 2021 Order.
This Court has reviewed Ailer's Motions for ln-Camera Review and for Leave. These motions are not well taken. As we explained in the October 12, 2021 Order:
Upon review, we conclude that Ailer's motion to supplement the record is not warranted and improper M. R. App. P, 8(1). A record is
defined as "the original papers and exhibits filed in the district court, the transcript of the proceedings, if any, and a certified copy of the docket entries ...." M. R. App. P. 8(1). This Court has the current record from the District Court. Ailer appeals a July I, 2021 Order denying his motion for reconsideration after the District Court granted the State's Motion for Relief from a previous final order, pursuant to M. R. Civ. P. 60(B). By way of background, the District Court inadvertently granted Ailer's motion for release of CCJI in April 2021. unaware that a similar request for release had been denied in another court because Ailer did not inform the District Court of his other proceedings. In its denial of Ailer's Motion for Reconsideration. the District Court clearly explained that Ailer's WCC case is being held in abeyance, for which Ailer has counsel to represent him, and that his postconviction proceeding in the Lewis and Clark County District Court is pending. The District Court also stated that Ailer's criminal theft case had been litigated in the Lewis and Clark County District Court and that Judge Seeley "already denied his motion for discovery and CCJI in the First Judicial District[.]" Ailer is not appealing his other pending matters.Ailer v. State. No. DA 21-0367, Order (Mont. Oct. 12, 2021). Therefore, IT IS ORDERED that:
1. Ailer's Opposed Motion for In-Camera Review is DENIED;
2. Ailer's Motion for Leave to File an Over-Length Motion for In-Camera Review is DENIED; and
3. Ailer's Motion for an Extension of Time is GRANTED and Ailer shall prepare, file, and serve his opening brief on or before Tuesday, February 8, 2022. No further extensions of time will be granted. Failure to file the opening brief by this deadline will result in dismissal of this appeal without further notice.
This Court affirmed Ailer's conviction for theft in 2018. State v. Ailer, 2018 MT 18, 390 Mont. 200, 410 P.3d 964.
The Clerk of the Supreme Court shall provide a copy of this Order to counsel of record and to Matthew Ryan Ailer personally.