State v. A. Weimer ( 2023 )

ORIGINAL 04/11/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 23-0100
DA 23-0100
L 7IR 1 1 2n23
STATE OF MONTANA, Bow , n
C-ourt
State of vloratana
Plaintiff and Appellee,
v. ORDER
ANTHONY CRAIG WEIMER,
Defendant and Appellant.
Self-represented Appellant Anthony Craig Weimer has filed five pleadings with this
Court: (1) Disqualification ofJustice(s) and Request for Disclosure of Others; (2) Request
for Emergency Suspension of the Rules; (3) "Emergency Motion to Stay Judgment and For
Immediate Release;" (4) Supplemental Appendix to Emergency Motion to Stay Sentence,
providing that the Flathead County District Court will hold a hearing on his motion to stay
judgment on March 29, 2023, and (5) "Motion for Court Order of Transfer Copy of Record
to Defendant and Notice Regarding District Court Order (DKT 281)." Appellee State of
Montana has not filed a response.
First, Weimer "disqualifies Justice Mike McGrath from hearing or deciding matters
in this appeal." Weimer lists three reasons. He contends that Chief "Justice McGrath
conspired with [Judge] Ulbricht to deny her disqualification" and admits that his notice
was not a "motion" and did not contain an affidavit, pursuant to § 3-1-805, MCA. He
further contends that this Court erred in denying his 2022 petition for a writ of supervisory
control because "[t]he issues would have resolved the case without going to trial." Weimer
asks for disqualification of Chief Justice McGrath and Justice Shea because "they are
Catholic." He alleges that the Chief Justice has "exhibited egregious misconduct on
Weimer" and has "infringe[d] upon Weimer's fundamental rights and harass him."
Weimer also requests disclosure of the Justices' religious affiliations and beliefs.
Second, pursuant to M. R. App. P. 29, Weimer requests suspension of the rules.in a
verified filing based upon good cause. He states that expediting the decision in this matter
is proper because he has been incarcerated at the Missoula Assessment Sanction Center
(MASC) for more than two months and lacks access "to adequate legal resources . . . ." He
reiterates that his underlying case could have been decided in his writ of supervisory
control last year, avoiding the need for a trial.
Third, Weimer moves this Court to stay the court's judgment and to release him
immediately. As grounds, he states that "Weimer had filed a motion to stay in the trial
court." He adds that his motion in District Court was denied. He points out that "[p]ursuant
to § 46-9-107, MCA, a person intending to appeal must be admitted to bail." (Emphasis in
original). Weimer renewed his motion and the court set a hearing for March 29, 2023. He
provides that he cannot appear in person because he is incarcerated and because "[t]he
facility does not offer services compatible with the requirements for a defendant[ls
appearance before a judge . . . ." He puts forth that he does not trust the presiding judge.
He requests that this Court "issue an order staying judgment and the release of Weimer's
incarceration." Fourth, Weimer includes his notice of non-ability to participate in the
court-ordered hearing set for March 29, 2023, due to MASC's lack of services.
Lastly, Weimer moves this Court to transfer a copy of the District Court record to
him while he is incarcerated at MASC. He points out that he has no access to the record.
He also points out that the District Court filed its order granting his request for payment of
transcripts.
Weimer misunderstands Montana law. Weimer's first pleading for disqualification
and disclosure is not appropriate or proper because he misconstrues the facts. The reason
for the denial of his motion for disqualification was due to untimeliness—the motion was
not filed thirty days before trial. He presents none of the criteria listed in § 3-1-803, MCA,
for disqualification of a justice. Weimer provides no legal authority for his other request
concerning religious affiliation. Weimer's request for the suspension of rules is not
warranted. He has not shown good cause. Sections 46-20-204, and -205, MCA, govern a
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request for a stay in a criminal proceeding. See M. R. App. P. 22(6). For Weimer, § 46-
20-204(2), MCA, provides that "[i]f an appeal is taken and the defendant is admitted to
bail, a sentence of imprisonment must be stayed by the trial court or by the reviewing
court." We point out that the State moved the District Court to transport and detain Weimer
for this hearing, as listed in this Court's docket on March 30, 2023. The District Court
considered Weimer's motion for a stay and immediate release, and Weimer was able to
appear for the hearing.
Lastly, this Court will provide copies of the record to Weimer, beginning when
Judge Ulbricht became the presiding Judge. There are about 146 items. This Court will
not entertain another request for copies after this Order. Therefore,
IT IS ORDERED that Weimer's:
1. Disqualification of Justice(s) and Request for Disclosure of Others is DENIED;
2. Request for Emergency Suspension of the Rules is DENIED;
3. "Emergency Motion to Stay Judgment and For Immediate Release;" is
DENIED;
4. Supplemental Appendix to Emergency Motion to Stay Sentence, providing that
the Flathead County District Court will hold a hearing on his motion to stay
judgment on March 29, 2023, is DEEMED moot; and
5. "Motion for Court Order of Transfer Copy of Record to Defendant and Notice
Regarding District Court Order (DKT 281)" is GRANTED in part, and the Clerk
of the Supreme Court will mail copies of the documents from item #131 to item
# 285, except for item #261(pre-sentence investigation report), to Weimer at his
last known address.
The Clerk is also directed to provide a copy of this Order to counsel of record and
to Anthony Craig Weimer personally.
DATED this I day
1 of April, 2023.
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Chief Justice Mike McGrath did not participate in this matter.
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