Opinion
DA 22-0213
05-10-2022
TODD MARTIN RUDE, Petitioner and Appellant. v. STATE OF MONTANA, Respondent and Appellee.
ORDER
Todd Martin Rude has filed a verified Petition for an Out-of-Time Appeal. As grounds, Rude indicates that he failed to file a timely appeal. He includes a Notice of Appeal, where he explains that on March K 2022, the First Judicial District Court denied his petition for postconviction relief We requested a copy of this Order.
M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal kt[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]"'
Rude's pleadings were received by this Court on April 28, 2022. His appeal is timely because he has sixty days to perfect an appeal when the State of Montana is a party. M. R. App. P. 4(5)(a)(i). We conclude that Rude has demonstrated extraordinary circumstances to warrant an appeal. Therefore, IT IS ORDERED that Rude's Petition for an Out-of-Time Appeal is GRANTED.
The Clerk of the Supreme Court is directed to file Rude's accompanying Notice of Appeal as of the date of this Order.
The Clerk is also directed to provide a copy of this Order to counsel of record and to Todd Martin Rude personally.