08/24/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0414
DA 21-0414
AUG 2 4 2021
Bowen Greenwood
IN THE MATTER OF: Clerk of Supreme Court
State of Montana
S.S., ORDER
A Youth in Need of Care.
Appellate Defender Chad Wright has asked this Court to permit an out-of-time
appeal for Respondent/Appellant Birthmother from the Order entered January 13, 2021, by
the Eighth Judicial District Court, Cascade County, in Cause No. CDN 19-114. The
Attorney General's Office has been contacted and does not object to this request.
An out-of-time appeal is allowed when "extraordinary circumstances amounting to
a gross miscarriage of justice" may arise. M. R. App. P. 4(6). The petition filed in this
matter raises sufficient grounds to constitute the extraordinary circumstances justifying an
out-of-time appeal.
Therefore,
IT IS ORDERED that the petition for an out-of-time appeal is GRANTED.
IT IS FURTHER ORDERED that the Office of Appellate Defender 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.
DATED thiszyday of August, 2021.
fit
Justices