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State v. Sturgis

Supreme Court of Montana
Jul 2, 2024
DA 24-0380 (Mont. Jul. 2, 2024)

Opinion

DA 24-0381

07-02-2024

STATE OF MONTANA, Plaintiff and Appellee, v. BRIAN WESLEY STURGIS, Defendant and Appellant.


ORDER

Chad Wright, Appellate Defender, petitions this Court, on behalf of Brian Wesley Sturgis, for an out-of-time appeal from the April 10, 2024 order of the Seventh Judicial District Court, Richland County, in Cause No. DC 2021-87. The Attorney General's Office does not object to this motion.

Wright asserts that Sturgis's trial counsel referred his appeal to the Appellate Defender Division only two business days before the Notice of Appeal deadline and the ADD was unable to timely file the appeal due to contemporaneous staff turnover.

Wright argues it would be unjust to deny Sturgis the right to appeal when the untimeliness of the Notice of Appeal was caused by circumstances outside of Sturgis's control.

We grant out-of-time appeals under M. R. App. P. 4(6) when an appellant establishes the existence of "extraordinary circumstances amounting to a gross miscarriage of justice," which would exist if we were to deny the petition here.

IT IS THEREFORE ORDERED that the petition for an out-of-time appeal is GRANTED.

IT IS FURTHER ORDERED that, on or before August 2, 2024, Wright shall 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 is directed to provide copies of this Order to all counsel of record.


Summaries of

State v. Sturgis

Supreme Court of Montana
Jul 2, 2024
DA 24-0380 (Mont. Jul. 2, 2024)
Case details for

State v. Sturgis

Case Details

Full title:STATE OF MONTANA, Plaintiff and Appellee, v. BRIAN WESLEY STURGIS…

Court:Supreme Court of Montana

Date published: Jul 2, 2024

Citations

DA 24-0380 (Mont. Jul. 2, 2024)