Opinion
OP 23-0163
03-21-2023
DAVID CAVES. Petitioner. v. FIRST JUDICIAL DISTRICT COURT, HONORABLE KATHY SEELEY. Respondent.
ORDER
Utilizing this Court's form for a petition for writ of habeas corpus, self-represented Petitioner David Caves has filed a Petition for Writ of Supervisory Control. Caves is currently held in the Lewis and Clark County Detention Center. We amend the caption to indicate the District Court. M. R. App. P. 14(6).
Caves requests that this Court assign him new counsel. Caves states that after his July 2022 arrest, he was assigned a public defender. He further states that he "did not want to discuss a plea bargain." Caves explains that he filed two motions in the District Court for a Gallagher hearing. seeking a new attorney, and that no hearing was held. Caves includes attachments, such as a February 24. 2023 letter from the Office of Montana State Public Defender that informed Caves to work through his attorney "to request a hearing be set for this purpose."
State v. Gallagher, 1998 MT 70, 288 Mont. 180, 955 P.2d 1371.
Supervisor) control may be appropriate on a case-by-case basis. "This extraordinary remedy can be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate." State v. Spady. 2015 MT 218, ¶ 11. 380 Mont. 179, 354 P.3d 590 (citing M. R. App. P. 14(3); Redding v. McCarter, 2012 M l 144, ¶ 17, 365 Mont. 316. 281 P.3d 189). "The case must meet one of three additional criteria: (a) [T]he other court is proceeding under a mistake of law and is causing a gross injustice; (b) [C]onstitutional issues of state-wide importance are involved; or (c) [T]he other court has granted or denied a motion for substitution of a judge in a criminal case." Spady, ¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)).
This Court observes that Caves did not serve a copy of his Petition upon the District Court, as required by the Montana Rules of Appellate Procedure. M. R. App. P. 14(6). Caves only served the Attorney General. We conclude that Caves is not entitled to supervisory control.