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In re Ironman-Whitecow

Supreme Court of Montana

March 4, 2014

IN THE MATTER OF BUGGZ IRONMAN-WHITECOW, a/k/a KIM A. NORQUAY, JR., Petitioner.

ORDER

Buggz Ironman-Whitecow has petitioned for an out-of-time appeal. Petitioner attaches a copy of the District Court's order from which he seeks to appeal. The order indicates that Ironman-Whitecow, formerly known as Kim A. Norquay, Jr., was granted a petition by the Tribal Court of the Fort Belknap Indian Community of the Fort Belknap Indian Reservation to change his name to Buggz Ironman-Whitecow. He filed a request in the Hill County District Court for the judgment entered against him in DC-07-079 to reflect his accurate name, asserting that continued use of Kim A. Norquay, Jr., by state agents deprived him of his dignity as a Native American. Mont. Const, art. II, § 4. On December 27, 2013, the District Court denied his request with respect to revision of court documents in Cause No. DC-07-079, wherein Norquay was convicted of deliberate homicide by accountability and tampering with physical evidence. The District Court stated that in future filings Petitioner would be identified as Kim A. Norquay, Jr., n/k/a Buggz Ironman-Whitecow.

Ironman-Whitecow failed to file a timely appeal from the District Court's order. He states the rules of procedure governing the time for appeal were confusing. Ironman-Whitecow has not established "extraordinary circumstances amounting to a gross miscarriage of justice, " as required in M. R. App, P. 4(6) for an out-of-time appeal, or demonstrated a facially meritorious issue to raise on appeal. Therefore, IT IS THEREFORE ORDERED that the petition for an out-of-time appeal is DENIED.

The Clerk is directed to provide a copy hereof to all parties and to Buggz Ironman-Whitecow.


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