State v. Craft

Opinion

j ORIGINAL 04/08/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 24-0180

DA 24-0180

STATE OF MONTANA,

Plaintiff and Appellee,

v. ORDER

BRANDON LEE CRAFT,

Defendant and Appellant.

Brandon Lee Craft moves this Court for appointment of counsel. He states that "[c]ounsel nown would be appropriate on this subsequent direct appeal," concerning his claim of newly discovered evidence regarding jury selection. Craft is incarcerated and includes a copy of the judgment on appeal. On February 23, 2024, the Cascade County District Court denied Craft's motion for a new trial that originally occurred in November 2019. 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. Craft is not entitled to court-appointed counsel here. Craft represented himself in the District Court. He has not demonstrated the existence of extraordinary circumstances to justify appointment of counsel, pursuant to § 46-8-104(3), MCA. Accordingly, IT IS ORDERED that Craft'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 Lee Craft with a copy of this Court's Appellate Handbook for reference to the Montana Rules of Appellate Procedure and access to its forms. DATED this —aay of April, 2024. For thc Court,

FILED By APR - 8 2024 Chief Justice Bowen Greenwood Clerk of Supreme Court State of Montanp