10/02/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 20-0129
DA 20-0129
FILED
SHANE PHILLIP NICKERSON, OCT 0 2 2020
Bowen
Greenwood
Court
Clerk of Su preme
Petitioner and Appellant, state of Mnntana
v. ORDER
STATE OF MONTANA,
Respondent and Appellee.
Self-represented Appellant Shane Phillip Nickerson moves this Court for
appointment of counsel and for a forty-five-day extension of time to file his reply brief.
Nickerson appeals the Flathead County District Court's dismissal of his petition for
postconvicfion relief.
We observe that this Court denied his first motion for appointment of counsel in a
May 1, 2020 Order. As stated then, Nickerson is not entitled to appointment of counsel
because he represented himself and because he did not present extraordinary
circumstances. While Nickerson puts forth that his confinement in locked housing amounts
to extraordinary circumstances, it does not under Montana law. Section 46-8-104(3),
MCA. Nickerson's current placement in prison does not change this analysis to justify an
appointment of counsel.
Nickerson's reply brief is currently due on Thursday, October 8, 2020, in
accordance with the Montana Rules of Appellate Procedure. M. R. App.P. 13(1). He has
requested more time, until Novernber 15, 2020, to file this brief. Accordingly,
IT IS ORDERED that Nickerson's Motion for Appointment of Counsel is DENIED
IT IS FURTHER ORDERED that Nickerson's Motion for an Extension of Time is
GRANTED and Nickerson shall prepare, file, and serve his reply brief on or before
November 15, 2020. No further extensions will be granted in this appeal.
The Clerk is directed to provide a copy to counsel of record and to Shane Phillip
Nickerson personally.
Ind
DATED this day of October, 2020.
For the Court,
Chief Justi c
Nickerson v. State
Combined Opinion