Matter of N.J., YINC

Opinion

ij ORIGINAL 09/25/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 24-0557

DA 24-0557

FILED SEP 2 5 2024 Bowen Greenwood

IN THE MAI1ER OF: Clerk of Supreme Court ,State of Montana

N. J., ORDER

A Youth in Need of Care.

Chad Wright, Appellate Defender, petitions foran out-of-time appeal for N.K. from the Order entered on July 17, 2024, by the Second Judicial District Court, Butte-Silver Bow County, in Cause No. DN-20-61. The Attorney General' S' Office does not object to this motion.

Wright asserts that N.K. advised her, trial counsel that she wished to appeal the District Court matter. However, trial counsel did not submit a referral to the Appellate Defender Division (ADD).

Wright argues it ivould be unjust 4o deny N.K. the right to appeal when the uutimeliness of the Notice of Appeal was caused by circumstances outside of N.K.'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 October 8, 2024, the Appellate Defender 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. DATED this -ad% of September, 2024.

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Justices