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Hardman v. State

Supreme Court of Montana

September 12, 2013

JEFFREY LYNN HARDMAN, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

ORDER

Representing himself here, Appellant Jeffrey Lynn Hardman (Hardman) has moved for the appointment of counsel in this appeal from a Stillwater County District Court order denying his petition for postconviction relief.

In 2012, this Court decided Sanchez v. State, 2012 MT 191, 366 Mont. 132, 285 P.3d 540, where we concluded: "We have never held that prisoners have a constitutional right to counsel when mounting collateral attacks upon their convictions." Sanchez, If 17. "[T]here is no constitutional right to an attorney in state postconviction proceedings" Sanchez, f 18.

Further, Hardman has not established that any of the Montana statutory criteria in § 46-8-104, MCA, entitle him to the appointment of counsel, or that the interests of justice require counsel in these postconviction proceedings. Section 46-21-201(2), MCA.

IT IS ORDERED that the Motion for Appointment of Counsel is DENIED.

To assist Hardman in representing himself in this appeal, the Clerk is directed to provide him with a copy of the Civil Handbook for Proceeding before the Montana Supreme Court without an attorney.

The Clerk is directed to provide a copy hereof to counsel of record and to Jeffrey Lynn Hardman.


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