Bagnell v. State

04/08/2022 ORIGINAL IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0056 DA 22-0056 l " iL•N APR 0 8 2022 BRANDON BAGNELL, Bowen Greenwood Clerk of Supreme Court State of Montana Petitioner and Appellant. v. ORDER STATE OF MONTANA, Respondent and Appellee. Self-represented Brandon Bagnell has filed a Motion for Appointment of Counsel. As grounds, Bagnell states that his motion is warranted due to his mental and physical impairment. Sections 46-8-104, and 46-21-201(2), MCA. He further states that he "requests counsel to help in defense of this case and for further briefing." Bagnell points out that he filed a motion for appointment of counsel in the District Court. Bagnell appeals a January 26, 2022 Order dismissing his petition for postconviction relief on substantive grounds, issued in the Twentieth Judicial District Court, Lake County. There is no right to the appointment of counsel in a postconviction proceeding for relief, although a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA. Bagnell represented himself in his postconviction proceeding. He has not demonstrated the existence of extraordinary circumstances to justify appointment of counsel, pursuant to § 46-8-104(3), MCA. Accordingly, IT IS ORDERED that Bagnell's Motion for Appointment of Counsel is DENIED. The Clerk is directed to provide a copy of this Order to counsel of record and Brandon Bagnell personally. DATED this Ce ay of April, 2022. For the Court, Chief Justice