cugNAL FILED 04/28/2022 05/10/2022 Bowen Greenwood CLERK OF THE SUPREME COURT Form s4 C6FTNTANA Case Number: DA 22-0212 Name Louis Ted Caye, #3004959 700 Conley Lake Rd Deer Lodge, Montana 59722 City State Zip [e-mail address] APR 2 8 2022 Pro Se Litigant Bowen Greenwood Clerk of Supreme Court [Designation of party] State of Montana IN THE SUPREME COURT OF THE STATE OF MONTANA Tv0. [to be assigned by Clerk of Supreme Court] LOUIS TED CAYE, Appellant, -Defendent PETITION FOR AN OUT-OF-TIME V. APPEAL STATE OF MONTANA, From DC-19-314, 2nd Jud. Court. Appellee. -Plaintiff. [To ask the Court to allow you to file an out-of-time appeal, give the reasons why the appeal was not timely filed. State in the petition or supporting affidavit the issues you wish to raise on appeal and explain in detail the reasons that you did not file a timely appeal. Giue only true and accurate explanations that support your petition. Include a copy of the final order or judgmentfrom which you wish to appeal. M. R. App.P. 4(6)] I petition the Court to allow me to file an out-of-time appeal for the following reason: [Check one] CI I improperly filed a timely Notice of Appeal only with the District Court, as more fully explained below. © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 1 OF 4 El I discussed filing a timely appeal with my attorney, but he or she failed to file it for me, as more fully explained below. El I failed to file the Notice of Appeal for the following reason: I requested that the appointed attorney file a Notice of Appeal, before and after I was convicted/ sentenced. The appointed attorney's refused to go to trial, and falsely stated what was going to happen to me. I told them repeated4; that the three men jumped me as I was walking down the sidewalk. The man who instigated the assault on me admitted that he was on top of me during the assault and that I was being kicked by one of the others. The attorney I asked for the appeal, staed it violated his ethics to allow me to plead innocence, even though the evidence used against me was meritless. I thought he filed a appeal, but he did not, I beg the court to allow my appeal. I was denied c unsel a native american, and these three men who attacked me are white. IZ1 Attached as Exhibit "A," a copy of the judgment or order from which I wish to appeaL As legal authority for filing an out-of-time appeal, I cite the following which supports this petition: I cite my Actual Innocence under Schlup v Delo, 513 US 298, 115 S.Ct 851,861(1995); State v Clark, 2005 MI' 330; and Marble v State, 2015 MT 242. I cite Murray v Carrier, 477 US 478,106 S.Ct. 2639,2649(1986);'Miscarriage of Justice'. I cite Strickland v Washington, 466 US 668,687,104 S.Ct.2052(1984), for the violation to my right tn effectivp asistPrire of counsel; IT S v Cronir, 466 US 648,659, 104 S.Ct 2039(1984), the Sixth Amendment, the confrontation Clause violation of counsels_abandopment-oi-meT-se-Davis-v-AlakaT-415-US-308,11-6-21+-and-the----- Fourteenth Amendment right to Due Process; Mickens v Taylor, 535 US 162,170-71, the defense . I have the right to self defense, when attacked by larger adversaries. DATED this 18th day of April , 20 22 • OUT-OF-TIME APPEAL PAGE 2 OF 4 ra0 [Signature] Louis Ted Caye [Print name] VERIFICATION UPON OATH OR AFFIRMATION STATE OF MONTANA ) Butte SS. County of Silver Bow ) I swear that everything stated in this petition is true and correct to the best of my knowledge. DATED this 18th day of April , 20 22 [Signature] Louis Ted Caye [Print name] Signed and sworn to or affirmed before me on this date by Ly( Ceiy [seal] [Signature of Notary Pub, c] t-- +.) CLARENCE MARTIN, JR. [Typed or printed name] NOTARY PUBLIC for the State of Montana Residing at Deer Lodge, Montana [Title] My Commission Expires May 07, 2023 L41 1,14r [Residing at] My Commission expires: 0/16(y 2c2__? 0 Montana Supreme Court OUT-OF-TIME APPEAL PAGE 3 OF 4 CERTIFICATE OF SERVICE I certify that I have filed a copy of this Petition for an Out-of-Time Appeal with the Clerk of the Montana Supreme Court and that I have mailed or hand delivered a copy to each attorney of record and any party not represented by counsel as follows: From Cause No: DC-19-314 Kelli . Fivey- Deputy Butte j Silver-Bow County Attorney [Name of opposing counsel] 155 West Granite St Butte, MT 59701 [Address] Counsel for State of Montana [Other party representing himself or herself] MT Attorney General P.O. Box 201401/ Helena, MT 59620 [Address] DATED this 18th • day of April ,20 22 (77-,t7 : .-.- ; (2,rzr„,__ [Mame] Louis Ted Caye [Print name] © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 4 OF 4