State v. C. Kaiser

ORIGINAL 12/01/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0568 DA 20-0568 FILED STATE OF MONTANA, DEC 0 1 2020 BOVVe n Creenvvooci Plaintiff and Appellee, Clerk of Supreme Court State of Montana v. ORDER CONNER JAMES KAISER, Defendant and Appellant. Conner James Kaiser moves this Court for appointment of counsel to represent him in his appeal. As grounds, Kaiser states that he is incarcerated and that he is unable to pay attorney fees because of his financial condition. In his filed Notice of Appeal, Kaiser provides that the Eighth Judicial District Court, Cascade County issued a final judgment in on September 28, 2020(Cause No. DDC-20-175(b)). We secured a copy of this decision. The District Court sentenced Kaiser for negligent homicide to a ten-year comrnitment with five years suspended to the Department of Corrections. Kaiser has a recent felony conviction, and he may be entitled to appointment of counsel in this appeal. Section 46-8-103(1), MCA. Therefore, IT IS ORDERED that Kaiser's Motion for Appointrnent of Counsel is GRANTED. The Appellate Defender Division shall have thirty days from the date of this Order within which to file either a Notice of Appearance or a Motion to Rescind this Order appointing counsel. In the event the Appellant qualifies for appointed counsel, the Appellate Defender Division shall immediately order transcripts. The Clerk of the Supreme Court is directed to provide a copy of this Order to the Appellate Defender Division, to counsel ofrecord, and to Conner James Kaiser personally. SA- DATED this I — day of December, 2020. For the Court, Chief Justice