Nickerson v. State

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