State v. Bagnell

Opinion

ORIGINAL 08/08/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 24-0464

DA 24-0464 hLED STATE OF MONTANA, AUG - 8 2024 Bowen Greerrwood Clerk of Supreme Court Plaintiff and Appellee, State of Montane

v. ORDER

BRANDON BAGNELL,

Defendant and Appellant.

Brandon Bagnell moves this Court for appointment of counsel. Bagnell states that his request is in the "` Interests of Justice.' " Bagnell appeals a July 23, 2024 Order denying his motion for a new trial in Cause No. DC-15-355, issued in the Twentieth Judicial District Court, Lake County. We observe that, in 2018, Bagnell had counsel to represent him in an appeal of this criminal case. State v. Bagnell, No. DA 18-0160, 2020 MT 234N, 2020 Mont. LEXIS 2317 (Sept. 15, 2020). There is no right to the appointment of counsel in a postconviction proceeding for relief, although a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA. Bagnell is not entitled to court-appointed counsel. He represented himself in the District Court. He has not demonstrated that extraordinary circumstances exist to justify appointment of counsel, pursuant to § 46-8-104(3), MCA. Accordingly, IT IS ORDERED that Bagnell's Motion for Appointment of Counsel is DENIED. The Clerk is directed to provide a copy of this Order to counsel of record and to Brandon Bagnell alon ,.with .„. a copy of this Court's Appellate Handbook. DATED this .irday of August, 2024. For the Court,

Chief Justice