State v. Pageler ( 2022 )

FILED '3 ) °RENAL 08/08/2022 08/23/2022 CutA ciL3e-ter Farm CLERK OF TFI rflwood PR ME COURT Name c) STATE OF MONTANA 10 Dr vc_ -5 +-or Aix-ill- Case Number: DA 22-0435 3cs •, d R3 70? City State / Zip FiLL0 rersj d se s]lifr cti- "411" AUG 0 8 2022 Bowen Greenwood Clerk of Supreme Court [Designation of party] State of Montana IN THE SUPREME COURT OF THE STATE OF MONTANA No. [to be assigned by Clerk of Supreme Court] Appellant, PETITION FOR AN OUT-OF-TIME V. APPEAL I- %)111- cA- e E I eci4i Jocil IC ic(i 0, 3 1- (0 Lill 6ct/ laMI Co I)6 ' Appellee. (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. Give only true and accurate explanations that support your petition. Include a copy of thefinal 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] El 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 ❑ I discussed filing a timely appeal with my attorney, but he or she failed to file it for me, as more fully explained below. P(I failed to file the Notice of Appeal for the following reason: e naLszvd-c-) Quckiclaf-i ons fi u b es ue re f3- ›CAttached 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: DATED this I r day of ,20 © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 2 OF 4 VERIFICATION UPON OATH OR AFFIRMATION IDAHD 'OD STATE OF-MONTANA ) SS. County of ADA ) I swear that everything stated in this petition is true and correct to the best of my knowledge. DATED this I, day of Au5 ,r t;g /y( [Signa re] ler [Print name. Signed and sworn to or affirmed before me on this date by hAcj t,LG-1" 2-7_ [Seal] /0/4/4/- AiDavuz _ [Signatureof N ary Public] vi ic10 j) i KENNIDY DAVIES [Typed or pritited name] COMMISSION #20223160 K10 tct-rti NOTARY PUBLIC [Title] STATE OF IDAHO . MY COMMISSION EXPIRES 06/27/2028 05-D [Residing at] e/P My Commission expires: 0 69 1 WI 'UZA © 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: r 0. /() iy CC u-dy / 1172-rwj- [1\illee3Wi osing co oppE el] 7L7 W2.51- Ce) //Er S 7Lr-e P)C\ 2 [Address] e CA-0 Counsel for 11/1 Se_t f [Other party representing himself or herself] ) WO < `.1-CA4clOS OfIt7e_ &; -s' IGA 3 ? [Address] r DATED this I - day of © Montana Supreme Court OUT-OF-TIME APPEAL PAGE 4 OF 4