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Christ v. Larson

Supreme Court of Montana

February 28, 2014

JASON CHRIST, Petitioner,
v.
HON. JOHN LARSON, MISSOULA FOURTH JUDICIAL DISTRICT COURT JUDGE, Respondent.

ORDER

On February 28, 2014, Jason Christ, appearing as a self-represented litigant, filed a "procedural motion for emergency stay of sentence." Christ, who is currently serving a 30-day sentence for contempt of court, seeks an order staying his sentence and temporarily releasing him from jail until such time as this Court considers and rules upon his petition for rehearing that is now pending. He maintains that by the time the State responds to his petition for rehearing, his sentence will have been fully served and the issue raised in his petition for rehearing will have been mooted. According to this Court's Order of February 19, 2014, the Respondent was given the opportunity to respond to the petition for rehearing on or before March 6, 2014.

The fact that this Court allowed Christ to file his petition for rehearing one day late does not mean that the petition is likely to be granted. Christ is seeking rehearing of this Court's denial of his petition for an extraordinary writ. M. R. App. P. 20(1)(d) provides that "absent clearly demonstrated exceptional circumstances, " this Court will not grant a petition for rehearing from an order disposing of a petition for an extraordinary writ. We will not presume that Christ will be able to "clearly demonstrate exceptional circumstances" before we conduct a full review of his petition for rehearing and any response of the Respondent. Therefore, IT IS HEREBY ORDERED that Christ's motion for emergency stay of sentence is DENIED.

The Clerk of this Court is directed to provide notice hereof to Christ at his last known address and to Respondent Hon. John Larson.


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