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State v. Favel

Supreme Court of Montana

December 31, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
JACKIE LEE FAVEL, Defendant and Appellant.

ORDER

On December 17, 2013, Chief Appellate Defender Wade Zolynski, for the Office of Appellate Defender (hereinafter OAD), filed a Motion to Compel Court Reporter to Produce Transcripts. In its motion, OAD asks that we issue an Order compelling court reporter Robyn Harrell to produce transcripts in the captioned matter from a hearing on a motion to suppress, and from two days of a jury trial. The transcripts were due to be filed on November 20, 2013, and OAD represents that Harrell has obtained no extension from the District Court judge within which to file the transcripts, as permitted by M. R. App. P. 9(3)(b). OAD further represents that its office has contacted Harrell on several occasions and she has promised to produce the transcripts. As of the date of this Order, the transcripts have still not been filed.

We note that the certificate of service accompanying OAD's motion does not reflect service of the motion upon Harrell. However, in light of the fact that this is one of two motions filed by OAD on December 17, 2013, with respect to Harrell's delinquency, and given that Harrell is aware of the problem,

IT IS HEREBY ORDERED:

1. On or before January 17, 2014, Harrell shall file with the Clerk of this Court and serve upon OAD the transcript for the February 25, 2013 hearing on the motion to suppress, and the jury trial transcripts of May 14 and May 15, 2013, in the captioned matter.
2. Should Harrell fail to file the transcripts within the time allotted, an Order to Show Cause as to why Harrell shall not be held in contempt of Court will issue.

IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon all counsel of record, upon Favel at her last known address, and upon Robyn Harrell at 710 12th Avenue, Havre, MT 59501-4245 or by email.


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