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State v. Childers

Supreme Court of Montana

January 29, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
DON MICHAEL CHILDERS, Defendant and Appellant.

ORDER

On December 13, 2013, counsel for Appellant Don Michael Childers filed a motion to be allowed to withdraw from representing Childers in this appeal, and a supporting Anders brief indicating that there are no nonfrivolous issues for appeal. This Court granted Childers 30 days to respond to his counsel's motion and brief, and then an extension of time in which to do so. Childers now has filed an "ex parte motion to compel records, " in which he asks the Court to order South Central Treatment Associates in Billings to produce copies of its records concerning his treatment, as well as copies of any correspondence it may have had with the Department of Corrections and Northwest Counseling of Billings,

The motion to compel is DENIED. As a direct appeal, this matter will be decided based on the record that was before the District Court. See M. R. App. P. 8(1). Pursuant to this Court's January 3, 2014, order, Childers' response to his counsel's brief shall be prepared, filed with the Clerk of this Court, and served on all counsel of record no later than February 18, 2014.

The Clerk is directed to provide copies of this order to all counsel of record and to Don Michael Childers personally.


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