Montana Supreme Court, 2025

Fiechtner v. 10th Judicial Dist. Court

Fiechtner v. 10th Judicial Dist. Court
Montana Supreme Court · Decided January 22, 2025

Fiechtner v. 10th Judicial Dist. Court

Opinion

ORIGINAL 01/22/2025 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 25-0039 OP 25-0039

MEGAN MICHELLE FIECHTNER, Petitioner, v. ORDER MONTANA TENTH JUDICIAL DISTRICT COURT, JUDITH BASIN COUNTY, FLED HONORABLE JON A. OLDENBURG, Presiding, JAN 2 2 2025 Respondent. Bowen Greenwood Clerk of Supreme Court State of Montana

Petitioner Megan Michelle Fiechtner, via counsel, seeks a writ of supervisory control over the Tenth Judicial District Court, Judith Basin County, in its Cause Nos. DC-23-08 and DC-23-09. Fiechtner alleges the District Court erred by denying her motion to dismiss the State's charge of Accountability for Deliberate Homicide because the State failed to allege sufficient evidence in its charging document to establish the probability that she committed the crime.

M. R. App. P. 14(5)(iv) requires that a petition for writ must contain: "To the extent they exist, as exhibits . . . a copy of each judgment, order, notice, pleading, document proceeding, or court minute referred to in the petition or which is necessary to make out a prima facie case or to substantiate the petition or conclusion or.legal effect." Fiechtner has failed to comply with this Rule. Although she bases her argument on her contention that the State failed to allege sufficient evidence, she has not provided this Court with the State's motion for leave to file the Amended Information nor the affidavit in support of its motion.

Without the necessary exhibits, we cannot consider the merits of this Petition.

Therefore, in accordance with M. R. App. P. 14(7), IT-IS ORDERED that the petition for writ of supervisory control is DENIED and DISMISSED WITHOUT PREJUDICE.

The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Tenth Judicial District Court, Judith Basin County, Cause Nos. DC-23-08 and C-23-09, and the Honorable Jon A. Oldenburg, presiding.

DATED this z Z day of January, 2025.

s i , /et 's" Justices

Case-law data current through December 31, 2025. Source: CourtListener bulk data.