FILED

12/09/2020 Bowen Greenwood CLERK OF THE SUPREME COURT

STATE OF MONTANA IN THE SUPREME COURT OF THE STATE OF MONTANA

Case Number: OP 20-0410

OP 20-0410

FILED MIGUEL GARDIPEE, DEC 0 9 2020 Petitioner, Bowen Greenwood

Clerk of Supreme Coult

State of Montana v. ORDER

JAMES SALMONSEN,Acting Warden, Respondent.

Petitioner Miguel Gardipee moves this Court for appointment of counsel and provides a proposed order. In August 2020, Gardipee petitioned this Court for habeas corpus relief alleging illegal incarceration because of a 2014 sentence.

Gardipee is not entitled to representation of counsel in his original proceeding. There is no right to the appointrnent of counsel in a proceeding for postconviction relief, although a court may order the assignment of counsel under the specific criteria outlined in § 46-8-104(1), MCA. Gardipee has not demonstrated any extraordinary circumstances to justify such appointment here. Section 46-8-104(1)(e), MCA. Even though his case is still pending before this Court, Gardipee does not need to do anymore or submit any other argurnents. The State of Montana is due to file a written response this rnonth. After this Court receives the response, it will issue a decision in due course. Accordingly, IT IS ORDERED that Gardipee's Motion for Appointment of Counsel is DENIED. The Clerk is directed to provide a copy of this Order to counsel of record and to Miguel Gardipee personally.

DATED this day of December, 2020.

For the Court, Chief Justice