Ej ORIGINAL 11/28/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 22-0346
DA 22-0346
MATTHEW RYAN AILER,
Petitioner and Appellant,
v. ORDER
STA I E OF MONTANA, FILED
NOV 2 8 2023
Respondents and Appellees. Bowen Greenwood
Clerk of Supreme Court
State of Montana
On October 24, 2023, we issued an opinion in the above-entitled action, affirming
the District Court's dismissal of Ailer's Petition for Postconviction Relief as moot due to
the dismissal of his underlying conviction with prejudice. Ailer v. State, 2023 MT 198N.
After we issued our opinion, Ailer filed several motions:
(1) Appellant's Opposed Motion to Transfer Transcripts;
(2) Appellant's Opposed Motion for the Court to take Judicial Notice
Pursuant to Mont. R. Evid. 201 and 202; and
(3) Appellant'6 Opposed Motion for Extension of Time to File Petition for
Rehearing and Appellant's Opposed Motion to File an Overlength Petition
for Rehearing.
In his various motions Ailer argues that trial transcripts are "necessary because the
Court will need to review the transcripts in order to resolve the Appellant's issues." Ailer
requests we take judicial notice of evidence he deems "exculpatory." Ailer argues
extensions to his deadline and word limit are "essential to fully develop the issues and
provide the Court with the material facts and legal arguments to decide the Petition."
Subsequent to his various motions, Ailer later filed a timely and compliant Petition
for Rehearing.
There is no longer a conviction from which Ailer can seek relief. Therefore, the
matters Ailer seeks to have this Court consider pursuant to his post-Opinion motions have
no bearing on our disposition in Ailer v. State, 2023 MT 198N. Accordingly,
IT IS ORDERED that Appellant's Opposed Motion to Transfer Transcripts, and
Appellant's Opposed Motion for the Court to take Judicial Notice Pursuant to Mont. R.
Evid. 201 and 202 are DENIED.
After reviewing Ailer's legal arguments in his Petition for Rehearing and other
pleadings, which simply re-argue issues fully briefed prior to our decision and seek to
impeach trial witnesses, we find no good cause to grant his requested extension of time and
to file an overlength petition. Accordingly,
IT IS ORDERED that Appellant's Opposed Motion for Extension of Time File
Petition for Rehearing and Appellant's Opposed Motion to File an Overlength Petition for
Rehearing is DENIED.
As to Ailer's Petition for Rehearing, M. R. App. P. 20(1)(a) provides that a petition
for rehearing will be considered only when the Court "overlooked some fact material to
the decision," when "it overlooked some question presented by counsel that would have
proven decisive to the case," or when "its decision conflicts with a statute or controlling
decision not addresser by the Court. Having fully considered Ailer's petition, we
conclude that rehearing is not warranted under the standards of M. R. App. P. 20(1)(a).
Accordingly,
IT IS ORDERED that the petition for rehearing is DENIED.
The Clerk of Court is directed to mail copies of this Order to Matthew Ryan Ailer
and all counsel of record
DATED this -air"I" day of November, 2023.
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