B. Boyd v. State ( 2023 )

ORIGINAL 03/30/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 23-0188
DA 23-0188
FILED
BANNER LEE BOYD,
MAR 3 0 2023
Bowen Gnatenwood
Petitioner and Appellant, Cle:k cf Supreme Court
State of Montana
v. ORDER
STATE OF MONTANA,
Respondent and Appellee.
Banner Lee Boyd moves this Court for appointment of counsel in his recently filed
appeal. He states that he is incarcerated and that he is financially unable to afford to retain
private counsel. Boyd believes that he meets the eligibility requirements for the
appointment of counsel.
We secured a copy of the register of actions from the Custer County District Court.
On January 27, 2023, the District Court issued an Order denying Boyd's petition for
postconviction relief.
There is no right to the appointment of counsel in a postconviction proceeding for
relief, although a court may order the assignment of counsel under the circumstances
outlined in § 46-8-104, MCA. We conclude that Boyd is not entitled to the appointment
of counsel. He represented himself in the District Court. He has not demonstrated that
extraordinary circumstances exist, pursuant to § 46-8-104(3), MCA. Accordingly,
IT IS ORDERED that Boyd's Motion for Appointment of Counsel is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Banner Lee Boyd, along with a copy of this Court's Appellate Handbook for reference to
the Montana Rules of PTryl .l late Procedure and access to its forms.
DATED this3 6"-day of March, 2023.
For the Court,
hief Justice