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Montagna v. State

Supreme Court of Montana

February 18, 2014

JESSE MONTAGNA, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

ORDER

This Court issued a January 31, 2014 Order denying Jesse Montagna's motion for the appointment of counsel. He has now filed a petition for rehearing.

M. R. App. P. 20(1)(d) provides that: "Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of it orders disposing of motions or petitions for extraordinary writs." Montagna makes various arguments in support of the petition, but none rise to the level of establishing "clearly demonstrated exceptional circumstances." Therefore, we must deny the petition.

We remind Montagna that on February 7, 2014, we issued an Order granting his motion for an extension of time until March 3, 2014, to file his opening brief. We anticipate that he will file his brief in a timely fashion.

IT IS ORDERED that the petition for rehearing is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Jesse Montagna.


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