State v. A. Black Crow ( 2023 )

IGJNIL it _I1 03/27/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0091 DA 23-0091 FILED STATE OF MONTANA, MAR 2 7 2023 Bowen Greenwood Plaintiff and Appellee, Clerk of Supreme Court State of Montana v. ORDER ALOYSIUS DENNIS BLACK CROW, Defendant and Appellant. Aloysius Dennis Black Crow moves this Court "to have the felony parole violation warrant included into the dismissal that was handed down by the Honorable Kim Christopher on February 17, 2022." The dismissal order is the basis of Black Crow's appeal. Black Crow also asks that this Court dismiss the felony parole violation. The State of Montana has not filed a response to his motion. This Court received the Lake County District Court record on March 16, 2023. The court record includes a copy of the parole violation warrant that Black Crow references. M. R. App. P. 8(1) and 9(1). His motion is moot. His other request for dismissal is not appropriate upon a motion. M. R. App. P. 16(1). Black Crow may argue any issue concerning the parole violation in his briefs, if he preserved it for appeal. M. R. App. P. 12(1). Barring that observation, this Court will not be reviewing the record prior to the completion of briefing and classification upon being sent to the Court. M. R. App. P. 19(1). Therefore, IT IS ORDERED that Black Crow's Motion to Include the Felony Parole Violation Warrant with the February 17, 2022 Order is DENIED, as moot. The Clerk is directed to provide a copy of this Order to counsel of record and to Aloysius Dennis Black Crow along with a copy of this Court's Appellate Handbook. DATED this -a:4 day of March, 2023. For the Court, Chief Justice