Opinion
OP 23-0295
06-06-2023
KEITH JOSHUA ELENDIL, Petitioner. v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY, HON. DAVID J. GRUBICH, Presiding. Respondent.
ORDER
Shortly before 4:00 p.m. on Tuesday, May 30, 2023, Petitioner Keith Joshua Elendil, via counsel, filed a petition for a writ of supervisory control and request for stay of proceedings asking this Court to reverse the April 21, 2023 Order Denying State's Motion to Dismiss of the Eighth Judicial District Court. Cascade County, that set a dispositional hearing for Wednesday, May 31, 2023, on the underlying revocation petition.
Elendil's last-minute filing did not provide this Court with adequate time to rule on this petition. We note that, during the April 19, 2023 hearing on the motion to dismiss, Elendil's trial counsel advised the court that he intended to refer the matter to the Appellate Defender Division for possible petition for writ of supervisory control and the District Court then set the dispositional hearing for six weeks out to provide adequate time for such to occur. For this Court to consider the substance of the petition, Elendil then needed to either timely file his petition or timely move the District Court to reset the dispositional hearing. Since the time for hearing in the District Court has passed, this matter is therefore moot.
IT IS ORDERED that the petition for writ of supervisory control is DENIED and DISMISSED as MOOT.
The Clerk is directed to provide immediate notice of this Order to all parties of record in the Eighth Judicial District Court, Cascade County, Cause No. ADC-21-329, and the Honorable David J. Grubich, presiding.