State v. S. Calahan

Opinion

05/18/2021

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0232

DA 21-0232 ED STATE OF MONTANA, MAY 1 8 2021 Plaintiff and Appellee, Bovven Greenwood Clerk of Supreme Court ';tata elf Montana

v. ORDER

SEAN MCKELVEY CALAHAN,

Defendant and Appellant.

Counsel for Appellant Sean McKelvey Calahan moves this Court to withdraw representation as attorney ofrecord because the scope of representation did not include an appeal. Counsel points out that Calahan has been incarcerated for more than a year, lacks the resources for such an endeavor. and indigent. Counsel requests appointment ofcounsel from the Appellate Defender Division. Upon review ofthe motion and good cause, therefore, IT IS ORDERED that the Motion to Withdraw is GRANTED,and that appointment of appellate counsel is GRANTED. The Appellate Defender Division shall have thirty days from the date of this Order within which to file either a Notice of Appearance or a Motion to Rescind this Order appointing counsel. In the event the Appellant qualifies for appointed counsel, the Appellate Defender Division shall immediately order transcripts. The Clerk of the Supreme Court is directed to provide a copy of this Order to the Appellate Defender Division, to counsel of record, and to Sean McKelvey - Calahan personally. L11, DATED this 1e —day of May,2021. For the Court,

By Chief Justice