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State v. Arnold

Supreme Court of Montana

March 13, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
DIANA McHENRY ARNOLD, Defendant and Appellant.

ORDER

On January 27, 2014, this Court granted the motion of Herman A. "Chuck" Watson, III, and Elisabeth Montoya to be allowed to withdraw as Diana McHenry Arnold's retained counsel for purposes of this appeal, and for the appointment of the Office of Appellate Defenders (OAD) to represent Arnold. OAD has now informed the Court that Arnold does not qualify for OAD's services, because she is not indigent under § 47-1-111, MCA. OAD has moved for an order rescinding its appointment as Arnold's counsel on appeal.

IT IS ORDERED that OAD's motion to rescind its appointment as Arnold's counsel is GRANTED. Diana McHenry Arnold shall be deemed to be self-represented in this appeal, until and unless the Court is otherwise notified.

Further, the District Court record, without transcripts, having been filed on February 25, 2014, Arnold's opening brief on appeal is now due on March 27, 2014.

IT IS FURTHER ORDERED that Arnold is granted an extension of time until April 28, 2014, in which to prepare, file with the Clerk of this Court, and serve upon opposing counsel her opening brief on appeal.


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