September 25, 2013
THOMAS DAROLD HAMELL, Petitioner,
THIRTEENTH JUDICIAL DISTRICT, HON. GREGORY TODD, DISTRICT COURT JUDGE, Respondents.
Thomas Darold Hamell (Hamell) has filed a motion for supervisory control in which he alleges that Yellowstone County is violating discovery rules in his pending criminal case. Specifically, he claims that relevant evidence is being withheld from him and that his due process rights pursuant to Admin. R. M. 23.4, 213 and 23.4.214 are being violated. He has also filed a "Motion for Pessession (sic) of Tangible Documents" in which he requests that we direct the Yellowstone County District Court to supply him with copies of all documents in the Court's possession and a motion for the appointment of standby counsel. Hamell is self-represented on these pleadings, but represented by counsel in the criminal proceeding. Available electronic records indicate that Hamell is presently incarcerated in the Yellowstone County Detention Center on pending felony charges.
Hamell has not satisfied the standards for exercise of supervisory control by this Court. HamelPs opinion that the State is withholding discoverable documents is insufficient to establish entitlement to a writ of supervisory control. At a minimum, it must be demonstrated that "[t]he district court is proceeding based upon a mistake of law, which if uncorrected, would cause significant injustice for which an appeal is an inadequate remedy." Redding v. Mont. First Jud. Dist. Ct., 2012 MT 144A, ]j 18, 365 Mont. 316, 281 P.3d 189; M. R. App. P. 14(3) (citation omitted).
The Sixth Amendment to the Constitution of the U.S. and Article II, Section 24 of the Montana Constitution provide for the right to counsel for the trial proceeding and, if necessary, through an appeal. Hamell has been provided counsel, and he cannot file motions and papers on his own behalf. State v. Samples, 2005 MT 210, ¶15, 328 Mont. 242, 119 P.3d 1191. Hamell continues to improperly file self-represented pleadings with this Court.
Given the conclusion we reach here, it is unnecessary to consider the remaining motions. Therefore,
IT IS HEREBY ORDERED that the motion for supervisory control is DENIED.
IT IS FURTHER ORDERED that the Clerk of the Court will refuse documents offered for filing by Hamell in criminal matters for which the Clerk can determine Hamell has been appointed counsel.
The Clerk is directed to provide a copy hereof to Hon. Greg Todd, Presiding for the Thirteenth Judicial District Court, counsel of record and to Thomas Darold Hamell.