ORIGINAL 02/18/2025

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 25-0126

DA 25-0126

BRANDEN CONRAD MIESMER, Petitioner and Appellant, v. ORDER STATE OF MONTANA, FILED Respondent and Appellee. FEB 18 2025 Bowen Greenwood Clerk of Supreme State of Montana Court Within Appellant Brandon Conrad Miesmer's February 13, 2025 Notice of Appeal, he stated that he was "requesting conflict-free counsel" to represent him in this appeal, referencing two separate, civil cause numbers. Miesmer included a copy of a January 14, 2025 Order Denying Post-Appeal Filings, issued in the Eighth Judicial District Court, Cascade County. The District Court notes that the filings were interpreted as a postconviction relief petition and filed as such (Cause No. CDV-24-604).

There is no right to the appointment of counsel in a postconviction proceeding for relief, although a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA. We conclude that Miesmer is not entitled to court-appointed counsel or conflict-free counsel. Miesmer represented himself in the District Court. He has not demonstrated the existence of extraordinary circumstances to justify appointment of counsel, pursuant to § 46-8-104(3), MCA. Accordingly, IT IS ORDERED that Miesmer'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 Branden Conrad Miesmer along with a copy of this Court's Appellate Handbook.

DATED this I day of February, 2025.

For the Court,

By efJ