State v. K. Severson

Opinion

; 04/11/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0290

DA 21-0290

STATE OF MONTANA, OR 1 1 2'23 Buw« • d Ck- • Lourt Plaintiff and Appellee, Stato or :Aorbtaria

v. ()RDER

KYLE LEE SEVERSON,

Defendant and Appellant.

Counsel for the Appellant Kyle Lee Severson filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Severson was granted time to file a response, but no response was filed. The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. Our examination of the available record indicates potential nonfrivolous issues on appeal, which may include whether prosecutorial misconduct violated Severson's right to a fair trial; whether the District Court erred in failing to conclude that the prosecution's withholding of information constituted a Brady violation; and whether Severson's counsel was ineffective. Therefore, IT IS ORDERED that counsel's motion to be allowed to withdraw is DENIED. IT IS FURTHER ORDERED that Appellant's opening brief shall be due within thirty days of the date of this Order. The Clerk is directed to provide copies of this Order to all counsel of record and to Severson personally. DATED this 1 \ -ray of April. 2023.

Chief Justice

At in JUL. Justices