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State v. Richardson

Supreme Court of Montana

February 3, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
JOHN COE RICHARDSON, Defendant and Appellant,

ORDER

Self-represented Appellant John Coe Richardson (Richardson) has filed a motion and affidavit requesting leave of Court to proceed on appeal without payment of the filing fee. This appeal arises from a criminal proceeding for which there is no filing fee. Thus, we need not consider this motion.

Richardson has filed a motion for the appointment of counsel which indicates that he has never received adequate representation by counsel. This appeal arises from a November 22, 2013 order from the Lewis and Clark District Court in Cause No. CDC-1995-31, where the District Court denied Richardson's motion seeking release from the requirement that he register as a sex offender. Filed with the Notice of Appeal is a Final Discharge signed by the Governor and Board of Pardons which indicates that Richardson discharged his suspended sentence for sexual assault on February 28, 2007.

There is no statutory authority that supports the appointment of counsel in Richardson's situation. (See 46-8-103-104, MCA). However, Richardson may retain counsel should he choose to do so. Therefore,

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

The Clerk is directed to provide a copy hereof to counsel of record and to John Coe Richardson, personally.


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