State v. K. Severson ( 2023 )

;
04/11/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0290
DA 21-0290
STATE OF MONTANA, OR 1 1 2'23
Buw« • d
Ck- • Lourt
Plaintiff and Appellee, Stato or :Aorbtaria
v. ()RDER
KYLE LEE SEVERSON,
Defendant and Appellant.
Counsel for the Appellant Kyle Lee Severson filed a motion and brief asking to be
allowed to withdraw from this appeal on grounds that counsel has been unable to find any
nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Severson was granted time to file a
response, but no response was filed.
The Court has now independently examined the record pursuant to § 46-8-103(2),
MCA, and Anders. Our examination of the available record indicates potential
nonfrivolous issues on appeal, which may include whether prosecutorial misconduct
violated Severson's right to a fair trial; whether the District Court erred in failing to
conclude that the prosecution's withholding of information constituted a Brady violation;
and whether Severson's counsel was ineffective.
Therefore,
IT IS ORDERED that counsel's motion to be allowed to withdraw is DENIED.
IT IS FURTHER ORDERED that Appellant's opening brief shall be due within
thirty days of the date of this Order.
The Clerk is directed to provide copies of this Order to all counsel of record and to
Severson personally.
DATED this 1 \ -ray of April. 2023.
Chief Justice
At in JUL.
Justices
2