Opinion
DA 22-0575
10-31-2022
STATE OF MONTANA, Plaintiff and Appellee. v. KELLY FRANK. Defendant and Appellant.
ORDER
Kelly Frank moves this Court for appointment of counsel. He states that this is a "step in the criminal case" pursuant to a 1954 decision from the United States Supreme Court. Frank provides that he filed a "Motion in the Nature of Writ of Error Coram Nobis Including Brief' in the Teton County District Court. He states that he appeals the court's decision.
Frank appeals a September 14. 2022 Order, denying his Motion, after deeming it a petition for postconviction relief, pursuant to § 46-21-102(a), MCA. 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. Frank 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 Frank'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 Kelly Frank along with a copy of this Court's Appellate Handbook.