Opinion
OP 23-0587
10-17-2023
MARTIN COLEMAN, Petitioner, v. MONTANA SECOND JUDICIAL DISTRICT, SILVER BOW COUNTY, THE HONORABLE KURT KRUEGER. Presiding., Respondent.
ORDER
Petitioner Martin Coleman, via counsel, seeks a writ of supervisory control to reverse and vacate the October 2, 2023 Order Denying Motion for New Trial and Request for Evidentiary Hearing (Amended) and the October 3, 2023 Order Denying Motion for New Trial in the Second Judicial District Court. Silver Bow County, in Cause No. DC-22-128, in which Coleman is the defendant. He further requests that his sentencing in that matter, currently set for October 10, 2023, be stayed pending the resolution of this petition.
Having reviewed the Petition and the challenged Order, we deem it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Second Judicial District Court and the State of Montana, or both, are each granted until November 7, 2023, to prepare, file, and serve a response(s) to the petition for writ of supervisory control.
IT IS FURTHER ORDERED that the proceedings in the underlying case are STAYED pending this Court's decision on the Petition.
The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Second Judicial District Court, Silver Bow County, Cause No. DC-22-128, and the Honorable Kurt Krueger, presiding.