K. Norquay v. State ( 2023 )

ORIGINAL 03/28/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0582 DA 21-0582 KIM NORQUAY, JR., MAR 2 8 2023 BovvE'n wona CI- uourt Petitioner and Appellant, 01 1\401 LiAnal v. ORDER STATE OF MONTANA, Respondent and Appellee. The State moves this Court to strike three sections of Norquay's Reply Brief because, the State asserts, they are inaccurate and lack any citation to authority, as required by M. R. App. P. 12(1)(g). The State further asserts that Norquay's argument that the District Court improperly dismissed his second actual innocence claim should be dismissed because it is being improperly raised for the first time in his reply brief. The State requests that if this Court declines to strike these sections of Norquay's Reply Brief, we be apprised that the State disagrees with these assertions. Norquay opposes the State's motion. This matter is fully briefed. Following classification of this matter, the State's motion will be considered. Therefore, IT IS ORDERED that the State's Motion to Strike Statements in Appellant's Reply Brief is TAKEN UNDER ADVISEMENT. The Clerk is dire d,to provide a copy of this Order to counsel of record. DATED this IC-day of March, 2023. Chief J stice e Justices Cie_, e w