A. Charlie v. 4th Judicial Dist. Court ( 2023 )

ORIGINAL 06/20/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0309
OP 23-0309
ANTHONY SCOTT CHARLIE,
JUN 2 0 2023
Bowen Greenwood
Petitioner, Clerk of Supreme Court
State of Montana
v.
ORDER
MONTANA FOURTH JUDICIAL DISTRICT
COURT, HON. JOHN W. LARSON, Presiding,
Respondent.
Petitioner Anthony Scott Charlie returns to this Court with his second Petition for
Writ of Supervisory Control of the Fourth Judicial District Court and the District Court
Judge John Larson this year. Charlie claims that his speedy trial right has been violated,
pursuant to § 46-13-401(2), MCA, for misdemeanor offenses. Charlie includes a copy of
the court's May 16, 2023 Order denying Charlie's third motion for dismiss (speedy trial).
Charlie appears to litigate the Judge's decision with his recitation of the facts relative to
his understanding of the law in his Petition. Trial was set for May 22, 2023.
Supervisory control is an extraordinary remedy. Besides urgent and emergency
factors, a writ of supervisory control must meet at least two other criteria. This writ is
sometimes justified when the case involves purely legal questions and urgent or emergency
factors make the normal appeal process inadequate, when the case involves purely legal
questions, and when the court is proceeding under a mistake of law and is causing a gross
injustice, or constitutional issues of state-wide importance are involved. M. R. App. P.
14(3 )(a)-(c).
It is essential to our acceptance of a petition for writ of supervisory control that the
case involve purely legal questions. Charlie has not presented a purely legal question and
he has not clarified how any factors here make "the normal appeal process inadequate[d"
M. R. App. P. 14(3). Charlie has the remedy of appeal of the court's final judgment)
Charlie is not entitled to a writ of supervisory control. Accordingly,
IT IS ORDERED that Charlie's Petition for Writ of Supervisory Control is DENIED
and DISMISSED.
IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to: the Honorable John Larson,
Fourth Judicial District Court; Amy McGhee, Clerk of District Court, Missoula County;
Caitlin Creighton and Brandon Zeak, Deputy County Attorneys; counsel of record; Chad
M. Wright, Appellate Defender Division; and Anthony Scott Charlie personally.
DATED this Z'C, day of-May, 2023.
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Through appellate counsel, Charlie has pending appeal from the District Court conceming a
different Municipal Court decision. See State v. A. Charlie, Cause No. DA 23-0211, Notice of
Appeal filed Apr. 5, 2023.
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