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Peterson v. State

Supreme Court of Montana

October 18, 2013

SCOTT B.PETERSON, Appellant,
v.
STATE OF MONTANA, Appellee

ORDER REFERRING MATTER TO THE OFFICE OF STATE APPELLATE DEFENDER AND ALLOWING RETAINED COUNSEL TO WITHDRAW AS COUNSEL OF RECORD

Pursuant to M.R.App.Pro. 4, Michael J. Sherwood, retained counsel for the Appellant, Scott B. Peterson, has filed a NOTICE OF APPEAL with this Court and an APPEAL FROM FINAL JUDGMENT with the District Court. Mr. Peterson has signed a written consent to retained counsel's withdrawal from representation in this case. As a final act on Mr. Peterson's behalf, Michael J. Sherwood HAS moved the Court to issue an ORDER referring this matter to the Office of the State Appellate Defender for a determination whether Mr. Peterson qualifies for representation by that office because he is indigent.

The Appellant and his Counsel having complied with the provisions of M.R.App.Pro 5, and good cause having been shown it is hereby ORDERED:

1. Mr. Peterson is referred to the Office of the State Appellate Defender for the purpose of determining whether he is qualified to be represented by that office on this appeal;

2. The Clerk of the Montana Supreme Court is directed to mail a copy of this ORDER to the State Appellate Defender's Office

In accordance with M.R.App.Pro 5(b)(ii) having obtained Mr. Peterson's consent to withdraw and having moved this Court to issue an ORDER directing that the Office of the State Public Defender screen Mr. Peterson for purposes of determining whether he qualifies for representation by that office, Michael J. Sherwood hereby withdraws from serving as Mr. Peterson's counsel in this case.


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