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,