fTh
uklui 05/15/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 19-0589
DA 19-0589
FILED
STATE OF MONTANA
MAY 1 5 2020
Bowen Greenwood
Plaintiff and Appellee, Clerk of Supreme Court
State of Montana
v. ORDER
CLARENCE REDMOND LOGUE JR.,
Defendant and Appellant.
Clarence Redmond Logue Jr. represents himself in this appeal and has filed a
"Motion for Admission of Relevant Facts of Evidence That Make a Showing of Probable
Cause for Case No: DC-17-339B Supporting Appellantns Pro-Se Motion to Withdraw
Guilty Plea That Was Denied by District Court." The State has not filed a response.
Logue challenges his 2017 arrest warrant and contends that the Flathead County
District Court lacked probable cause. Logue presents his history and factual circumstances
concerning his state of mind at the time ofthe offense. He requests that his arguments and
facts now be admitted as part of his opening brief. We observe that Logue filed his opening
brief on December 17, 2019.
Logue's instant motion is untimely and inappropriate for consideration. More than
two years have passed to raise any issue concerning an arrest and such issue should be
considered in District Court. Logue appeals an August 19, 2019 Order and Rationale on
Pending Motions, denying Logue's motions for new trial and revocation hearing and for
dismissal of his criminal case. The Order was issued a month before Logue filed a motion
to withdraw guilty plea in the District Court. As an appellate court, this Court does not
take evidence or make factual findings. This Court reviews the record which in this case
is "the original papers and exhibits filed in the district court[j" M. R. App. P. 8(1).
Therefore,
IT IS ORDERED that Logue's Motion for Admission ofRelevant Facts ofEvidence
That Make a Showing ofProbable Cause for Case No:DC-17-339B Supporting Appellants
Pro-Se Motion to Withdraw Guilty Plea That Was Denied by District Court is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Clarence Redmond LogeitJr. personally.
DATED this I 5 day of May,2020.
For the Court,
Chief Justice
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