D. Warner v. State

Opinion

ORIGINAL

05/03/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA '

Case Number: DA 22-0189

DA 22-0189

FuLtt11:3 MAY 0 3 2022

DANNY LEE WARNER, JR., Bowen Clerk of Greenwood

supreme Court

state or

Montana

Petitioner and Appellant,

v. ORDER

STATE OF MONTANA,

Respondent and Appellee.

Danny Lee Warner, Jr. petitions this Court for an out-of-time appeal. As grounds, Warner explains that on January 11, 2022, he mailed a timely Notice of Appeal to the Clerk of the Supreme Court and that in April, he leamed from the Clerk's office that no documents had been received. He adds that the District Court received a copy of his notice in January 2022. Warner states that, after receiving the April letter, he filed a letter, Notice of Appeal, Motion to Proceed on Appeal, and a Request for Production of Transcripts with this Court.

M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[J"

According to available electronic documents, the Eleventh Judicial District Court, Flathead County, denied Warner's petition for postconviction relief on December 16, 2021. The District Court filed Warner's Notice of Appeal on January 18, 2022.

We conclude that Warner has demonstrated extraordinary circumstances to warrant an appeal. Therefore, IT IS ORDERED that Warner's Petition for an Out-of-Time Appeal is GRANTED. The Clerk of the Supreme Court is directed to file Warner's accompanying Notice of Appeal as of the date of this Order.

The Clerk is also directed to provide a copy of this Order to counsel of record and to Danny Lee Warner, Jrc:01 DATED thisa- day of May, 2022.

Chief Justice

L.A6/1 4044

,

fi r

Justices