Opinion
DA 24-0313
05-29-2024
STATE OF MONTANA, Plaintiff and Appellee, v. ANDREW PIERCE LAKE, Defendant and Appellant.
ORDER
This matter comes before the Court on the petition of Andrew Pierce Lake, via counsel, for leave to file an out-of-time appeal pursuant to M. R. App. P. 4(6). As the basis for his request, Lake asserts that his counsel timely filed a Notice of Appeal with the District Court only.
Under M. R. App. P. 4(6), a party may seek an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]" Lake's counsel asserts that such circumstances exist here, where counsel did not file the Notice of Appeal in this Court, but filed it in the District Court. We agree.
IT IS THEREFORE ORDERED that the petition for leave to file an out-of-time appeal is GRANTED.
IT IS FURTHER ORDERED that Appellant shall have 30 days from the date of this Order within which to prepare, file, and serve a Notice of Appeal and a Request for Transcripts, if necessary, in compliance with the Montana Rules of Appellate Procedure.
The Clerk of this Court is directed to provide copies of this Order to all counsel of record.