State v. Letherman ( 2021 )

FILED 11/18/2021 12/15/2021 FOncian4(r4wood CLERK OF THE SUPREME COURT Name STATE OF MONTANA s 1 AL, MkaCAA)-€_, Case Number: DA 21-0589 c'( [0 City State Zip [e-mail address] (b L. [De's1gnation of party] IN THE SUPREME COURT OF THE STATE OF MONTANA No. [to be assigned by Clerk of Supreme Court] FILED NOV 1 8 2021 Bovven Greenwood Clerk of Supreme Couri State of tvlontana Appellant, PETITION FOR AN OUT-OF-TIME V. APPEAL .6-A-e 0Q- mc„4-„, Appellee. [To ask the Court to allow you to file an out-of-time appeal, give the reasons why the appeal was not timely filed. State in the petition or supporting affidavit the issues you wish to raise on appeal and explain in detail the reasons that you did notfile a timely appeal. Give only true and accurate explanations that support your petition. Include a copy of thefinal order or judgmentfrom which you wish to appeal. M. R. App.P. 4(6)] I petition the Court to allow me to file an out-of-time appeal for the following reason: [Check one] 0 I improperly filed a timely Notice of Appeal only with the District Court, as more fully explained below. © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 1 OF 4 0 I discussed filing a timely appeal with my attorney, but he or she failed to file it for me, as more fully explained below. Et/I failed to file the Notice of Appeal for the following reas on: CA-e-u-=;.C.2-isr" • ir•ci-t , 9j - L 0. • 0 Attached as Exhibit "A," a copy of the judg ment or order from which I wish to appeal. As legal authority for filing an out-of-time appeal, I cite the following which supports this petition: f .,06t o,,,,k .40&-e.3.6 k_44)A ri-Lanc-rA .? Cr( :), r- (.4.9 F jzIc 5 t k_c_IA.A7 DATED this day of , 20 0-k, . © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 2 OF 4 A.( [Print name] VERIFICATION UPON OATH OR A.FFIRMATIO N STATE OF MONTANA ) ss. County of h,rvi j I swear that everything stated in this petition of my knowledge. is true and correct to the best DATED this day of , 20 Q1 [SignTrV [Print name] Signed and sworn to or affirmed before me on this date by \AAKtA L.sc-6,r,„ [Seal] .0";;M o. :>, Charles L Leonard [qignature of Notary Public] NOTARY PUBLIC for the •••• TAR/ • 0* STATE OF MONTANA c,) L ; SEAL ; Residing in Billings, MT [Typed or printed name] %Gf., „ \N'o; • My Comrnission Expires 8/17/2022 04,v,_A-p), s-j k [Tit1V [Residing 1"°1at 1 IA41 My Commission expires: 17 j © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 3 OF 4 CERTIFICATE OF SERVICE I certify that I have filed a copy of this Petition for an Out-of-Time Appeal with the Clerk of the Montana Supreme Cou rt and that I have mailed or hand delivered a copy to each attorney of record and any party not represented by counsel as follows: 0 (),L__ ame of opposing counsel] r Zk7 1() 701 13;t6w\<,,i(vcr _s9 [Address& Counsel forA [Other party representing himself or herself] [Address] DATED this 'S day of tOdt , 20 NA12.) " -a\._ [Print name] © Montana Supreme Court OUT-OF-TIIvIE APPEAL PAGE 4 OF 4