Opinion
DA 22-0296
06-08-2022
JAY DONALD WITKOWSKI, Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.
ORDER
Jay Donald Witkowski moves this Court for appointment of counsel in his appeal. As grounds. Witkowski provides that he is incarcerated and that he cannot afford an attorney. He states that he is "innocent of deliberate homicide."
Witkowski appeals the May 20, 2022 Valley County District Court's dismissal of his petition for postconviction relief for failure to state a claim. There is no right to the appointment of counsel in a postconviction proceeding for relief, although a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA. Witkowski represented himself in his postconviction proceeding before the District Court. He has not demonstrated the existence of extraordinary circumstances to justify appointment of counsel, pursuant to § 46-8-104(3). MCA. Therefore.
IT IS ORDERED that Witkowski's Motion for Appointment of Counsel is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to Jay Donald Witkowski along with a copy of this Court's Appellate Handbook.