State v. W. Whitaker ( 2023 )

ORIGINAL 10/24/2023 IN THE SUPREME COURT OF THE ST4TE OF MONTANA DA 22-0083 FILED STATE OF MONTANA, OCT 2 4 2023 Bowen Greenw000 Clerk of Supreme Court Plaintiff and Appellee, State of falontano v. ORDER WES LEE WHITAKER, Defendant and Appellant. In an October 3, 2023 Order, this Court denied Appellant Wes Lee Whitaker's motion to disqualify the Appellate Defender Division because he is not entitled to counsel of his choice when represented by the Appellate Defender Division. We also stated that Whitaker should refrain from filing pleadings on his own behalf while represented by counsel, pursuant to M. R. App. P. 10(1)(c). Whitaker has now filed a "Motion to Proceed Pro Se Request Stand-By Counsel or Co-Counsel" that this Court deems a Petition for Rehearing, pursuant to M. R. App. P. 20(1). M. R. App. P. 20(1) provides criteria for rehearing. This Court "will consider a petition for rehearing presented only upon . . . [t]hat it overlooked some fact material to the decision[,] . . . or [t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. App. P. 20(1)(a)(i) and (iii). "Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of its orders disposing of motions or petitions for extraordinary writs." M. R. App. P. 20(1)(d). We conclude that Whitaker is not entitled to the relief he has requested. Stand-by counsel is not an option in a direct appeal. Moreover, Whitaker's counsel from the Appellate Defender Division has filed the opening brief on October 4, 2023. Accordingly, IT IS, ORDERED that Whitaker's Motion to Proceed Pro Se Request Stand-By Counsel or Co-Counsel, deemed a Petition for Rehearing, is DENIED. The Clerk is directed to provide a copy of this Order to counsel of record and to Wes Lee Vihitaker personally. DATED this c--9 day of October, 2023. adYCS,), Chief Justice fie 2