### IN THE SUPREME COURT OF THE STATE OF MONTANA OP 22-0649

6.0 660" i`j 

### MAURICE R.ARCHER,

Petitioner,

v. STATE OF MONTANA, and EIGHTEENTH JUDICIAL DISTRICT COURT, HONORABLE JOH/•I C. BROWN,

Respondents. 

## DEC 06 2022
CareenvvOnd

)urt o u t l,„ ntana


### ORDER

Maurice R. Archer has filed a "Motion for Writ ofSupervisory Control with Brief." We amend the caption to include the District Court. M. R.App. P. 14(6). We observethat Archer served a copy ofhis writ on the Clerk ofthe District Court for Gallatin County. Archer contends that supervisory control is warranted over the District Court because it "is a step in the criminal case." UnitedStates v. Morgan, 346 U.S. 502, 74 S. Ct.247 (1954). As grounds,Archermentionssimilarmotions filed in otherDistrict Courts. Heconcludesthat "[w]ith Supervisoty Control oversighttheunconstitutional denialof[his] Civil Rights-Due Process ofLaw and Equal Protections ofthe Law-may be avoided." Exercise ofsupervisory control is discretionary and on a case-by-case basis. M. R. App. P. 14(3). "This extraordinary remedy can be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate." State v. Spady, 2015 MT 218, ¶ 11, 380 Mont. 179, 354 P.3d 590 (citations omitted). "The case must meet one ofthree additional criteria: (a) [T]he other court is proceeding under a mistake of law and is causing a gross injustice; (b) [C]onstitutional issues ofstate-wide importance areinvolved;or (c) [T]he other court has granted or denied
a motion for substitution ofajudge in a criminal case." Spady, ¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)). 12/06/2022

Case Number: OP 22-0649This Court is familiarwithArcher's criminal history. Archer is not entitledto awrit

ofsupervisory control over the District Court because his proceedingthere was completed years ago. Archer cannot demonstrate any criteria for such a writ. M. R. App. P. 14(3); Spady, ¶ 11. This Court has noproceeding over which to take control. Archer's arguments are also mistaken because no such authority exists. Since October 1, 2011, coram nobis is no longer available as a remedy for postconviction relief. The Montana Legislature consolidated common law statutory remedies to challenge a sentence, conviction, or illegal incarceration under Title 46, Chapter 21, forpostconviction proceedings. In re McNair, 189 Mont. 321, 323, 615 P.2d 916, 917 (1980); State v. Barrack, 267 Mont. 154, 159-60, 882 P.2d. 1028, 1031 (1994). Various bills and writs, including the writ ofcoram nobis, were abolished from Montanajurisprudence by M. R. Civ.P. 60(e). His referenceto UnitedStatesv. Morgan does not apply nowin a state court. Morgan, 346 U.S. at 513, 74 S. Ct. at 253. This Court takes this opportunity to clarify a prior Order. On April 26, 2016, this Court ordered "that Archer shall not file any more original proceedings attacking the validity ofthis 2007 conviction." Archer v. Fender, No. OP 16-0229, Order at 3 (Mont. Apr. 26, 2016). Even though Archer submitted a motion requesting permission recently with his writ, our prior Order was not clear in the requirements for a motion for leave to file. Therefore, IT IS ORDERED that Archer's Motion for a Writ of Supervisory Control is DENIED and DISMISSED. IT IS FUTHER ORDERED that henceforth, prior to filing any original proceeding withthis Court,MauriceR.Archer is directedto file a motion for leaveto file thepleading. The motion must be sworn under oath before a notary public, not exceed three pages in length, and make a preliminary showingthat the motion has merit and meets the criteria of
a prima facie case under M. R. App. P. 14(5). Only when this Court has reviewed the motion and issued an order granting leave to file may the Clerk of this Court file the

2Petition. Any other original pleadingthat Maurice R. Archer seeks to file shall be rejected

forthwith, and the Clerk shall inform Maurice R. Archer accordingly. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to: the Honorable John C. Brown, Eighteenth Judicial District Court; Sandy Erhardt, Clerk of District Court, Gallatin County, under Cause No. DC 06-46C; counsel of record; and Maurice R. Archer personally along with a copy ofM. R. App. P. 14(5). DATED this ‘,

1 / 4 f.1--- "day ofDecember, 2022.

ChiefJustice



## 49-•i -4.1L

Justices

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