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Warner v. State

Supreme Court of Montana
May 10, 2023
DA 22-0189 (Mont. May. 10, 2023)

Opinion

DA 22-0189

05-10-2023

DANNY LEE WARNER, JR., Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.


ORDER

Danny Lee Warner, Jr. moves this Court to take judicial notice "of both facts and law relevant to the issue [he] put[s] forth." Warner states in an affidavit that he was "wrongfully convicted" because he "did not rob either Jordan Miller [or] Dustin McGiboney[.]" He requests fair consideration of the issues presented in his appeal of the Flathead County District Court's June 8, 2022 Order denying his petition for postconviction relief. Warner further states that this Court "grossly misapprehended the facts of [his] case on direct appeal. ..." The State has not yet filed a response.

This Court observes that after Warner's reply brief was received on April 13, 2023, this matter on appeal was sent to the Court for classification. The briefing is completed. This Court will issue a decision in due course. Therefore, IT IS ORDERED that the Motion to Take Judicial Notice is DISMISSED, as moot.

The Clerk is directed to provide a copy of this Order to counsel of record and to Danny Lee Warner, Jr. personally.

For the Court,


Summaries of

Warner v. State

Supreme Court of Montana
May 10, 2023
DA 22-0189 (Mont. May. 10, 2023)
Case details for

Warner v. State

Case Details

Full title:DANNY LEE WARNER, JR., Petitioner and Appellant, v. STATE OF MONTANA…

Court:Supreme Court of Montana

Date published: May 10, 2023

Citations

DA 22-0189 (Mont. May. 10, 2023)