State v. K. Martell

Opinion

4 03/02/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0024

DA 21-0024

STATE OF MONTANA,

Plaintiff and Appellee,

v. ORDER

KOBY MARTELL,

Defendant and Appellant.

Self-represented Appellant Koby Martell moves this Court, pursuant to M. R. Civ.

P. 45, for a subpoena of his former counsel's disciplinary hearing transcript. Martell states that "the Nranscripts from the Discipl i nary Council [a]re very Relevant to Show this High Court that[his counsel's] Perforrnance Fell well below the Standards Required by the Sixth Amendment of the U.S. Constitution[d-

Martell is appealing a November 23, 2020 Order on Defendant's Post-Conviction Filings, issued in the Seventh Judicial District Court, Prairie County.

Martell's motion is not well taken. The Montana Rules of Civil Procedure do not apply to this Court. M. R. Civ. P. 1. As an appellate court, this Court reviews the record, comprising the original papers and exhibits filed in the District Court. M. R. App. P. 8(1). We review the statement ofissues, facts, and arguments as presented in the filed briefs. M. R. App. P. 9. We do not subpoena records or materials outside of a district court proceeding. Accordingly, IT IS ORDERED that Martell's Motion for Subpoena is DENIED. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to counsel ofrecord and to Koby Martell along with a copy ofthis Court's Civil Appellate Handbook.

DATED this day of March, 2021.

For the Court.

FILED ton fi 9 1r191

Chief Justice