State v. T. Rose ( 2020 )

04/29/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0216 DA 20-0216 FILED STATE OF MONTANA, APR 2 9 2020 Bowan Greenwood Plaintiff and Appellee, Cleric of Supreme Court State of Montana v. ORDER TRISTAN COUGAR ROSE, Defendant and Appellant. Representing himself, Tristan Cougar Rose has filed a petition for an out-of-time appeal. As grounds,Rose indicates that he failed to file an appeal because he did not"know anything about what[he] was doing in court and [he] was not on the right meds either to file a timely appeal." Available electronic records indicate that on January 8, 2018, the First Judicial District Court,Lewis and Clark County,convicted Rose ofsexual assault and sentenced him to a twenty-year prison term with sixteen years suspended. M.R. App.P. 4(6)reads that "[i]n the infrequent harsh case and under extraordinary circumstances, amounting to a gross miscarriage ofjustice,the supreme court may grant an out-of-time appeal." Rose presents an unverified petition, meaning no notarized signature, and he does not include an affidavit or any supporting documentation to warrant consideration. M. R. App. P. 4(6). Rose also provides no reason for the over-two-year delay. We conclude that Rose has not demonstrated extraordinary circumstances to surmount several years since his conviction, and denial ofhis petition will not impose a gross miscarriage ofjustice. Accordingly, IT IS ORDERED that Rose's Petition for an Out-of-Time Appeal is DENIED. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to counsel of record and to Tristan Cougar Rose personally. DATED thise 9 ay of April, 2020. Chief Justice 2