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Robb v. State

Supreme Court of Montana

February 3, 2014

STEVEN DALE ROBB, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

ORDER

Pro se Appellant Steven Dale Robb (Robb) has moved for the appointment of counsel in this appeal. This is an appeal from a Powell County District Court order denying Robb postconviction relief.

There is no right to counsel in postconviction proceedings. Section 46-21-201(2), MCA, provides that if "a hearing is required or if the interests of justice require, the court shall order the office of state public defender ... to assign counsel for a petitioner who qualifies for the assignment of counsel. ..."

There is no indication in the record that the District Court appointed counsel to represent Robb in the underlying postconviction proceeding. Further, we have reviewed the file and observe that Robb filed his opening brief on January 21, 2014. Consequently, it is not appropriate to appoint counsel here.

IT IS ORDERED that the motion for appointment of counsel is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Steven Dale Robb.


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