09/08/2020
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IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 20-0435
DA 20-0435
FILE
STATE OF MONTANA, SEP 0 8 2020
Bowen Greenwood
Clerk of Supreme
Court
Plaintiff and Appellee, State of Montana
v. ORDER
JOSEPH BULLINGTON,
Defendant and Appellant.
Appellate Defender Chad Wright has asked this Court to permit an out-of-time appeal
for Defendant and Appellant Joseph Bullington from the Order entered March 12,2020, by
the Sixth Judicial District Court, Park County, in Cause No. DC-19-114. The
Attorney General's Office does not object to this petition.
Bullington was one of three co-defendants in a misdemeanor trespassing case
originating in Park County Justice Court. A11 three co-defendants appealed their convictions
to the District Court, which simultaneously ruled upon thern. Although all three
co-defendants' cases were referred to the Appellate Defender Division to pursue an appeal,
Notice of Appeal was inadvertently not filed in Bullington's case.
Since his appeal is untimely under M.R. App. P. 4(5), Bullington moves this Court
for leave to pursue an out-of-time appeal. We grant out-of-time appeals under
M. R. App. P. 4(6) when an appellant establishes the existence of "extraordinary
circumstances arnounting to a gross miscarriage ofjustice." Wright argues that such would
occur here if Bullington were denied his right to appeal based on an adrninistrative error by
the Appellate Defendant Division. We agree.
Therefore,
IT IS ORDERED that the petition for an out-of-time appeal is GRANTED.
IT IS FURTHER ORDERED that Appellant shall have thirty days from the date of
this Order within which to prepare, file, and serve a Notice of Appeal and a Request for
Transcripts in compliance with the Montana Rules of Appellate Procedure.
The Clerk is directed to provide copies of this Order to all counsel of record.
(-7
DATED this -
d-ay of September, 2020.
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