M. Covington v. 8th Judicial District

ORIGINAL 08/23/2023

Case Number: OP 23-0460 IN THE SUPREME COURT OF THE STATE OF MONTANA OP 23-044,0

FILED MONTANA LEE COVINGTON, AUG 2 3 2023 Bovyen GreenwooO Clerk of Supreme Court Petitioner, State of Montana v. ORDER MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY, THE HONORABLE DAVID J. GRUBICH, PRESIDING, Respondent.

Petitioner Montana Lee Covington, via counsel, seeks a writ of supervisory control to reverse the ruling denying the State's motion to dismiss its petition for revocation in the Eighth Judicial District Court, Cascade County, in Cause No. ADC-22-003, in which Covington is the defendant. He further requests that the District Court matter be stayed pending the resolution of this petition.

Having reviewed the Petition and the challenged Order, we deem it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Eighth Judicial District Court and the State of Montana, or both, are each granted until September 6, 2023, to prepare, file, and serve a response(s) to the petition for writ of supervisory control.

IT IS FURTHER ORDERED that the proceedings in the underlying case are STAYED pending this Court's decision on the Petition.

The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Eighth Judicial District Court, Cascade County, Cause No. ADC-22-003, and the Honorable David J. Grubich, presiding.

DATED this 23rd day of August, 2023. .

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