LIGINA1 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 23-0163 

FILED 

DAVID CAVES, 

MAR 21 2023 

Petitioner, 

v. 

FIRST JUDICIAL DISTRICT COURT, 

HONORABLE KATHY SEELEY, 

Respondent. 

Bovv. fr Gresanwood 

Sl•:7refTle Court 

state of nilontana 

ORDER 

Utilizing this Court's form for a petition for writ of habeas corpus, self-represented 

Petitioner David Caves has filed a Petition for Writ of Supervisory Control. Caves is 

currently held in the Lewis and Clark County Detention Center. We amend the caption to 

indicate the District Court. M. R. App. P. 14(6). 

Caves requests that this Court assign him new counsel. Caves states that after his 

July 2022 arrest, he was assigned a public defender. He further states that he "did not want 

to discuss a plea bargain." Caves explains that he filed two motions in the District Court 

for a Gallagher hearing,' seeking a new attorney, and that no hearing was held. Caves 

includes attachments, such as a February 24, 2023 letter from the Office of Montana State 

Public Defender that informed Caves to work through his attorney "to request a hearing be 

set for this purpose." 

Supervisory control may be appropriate on a case-by-case basis. "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 (citing M. R. App. P. 14(3); Redding v. 

McCarter, 2012 MT 144, ¶ 17, 365 Mont. 316, 281 P.3d 189). "The case must meet one 

State v. Gallagher, 1998 MT 70, 288 Mont. 180, 955 P.2d 1371. 

03/21/2023

Case Number: OP 23-0163
of three additional criteria: (a) [T]he other court is proceeding under a mistake of law and 

is causing a gross injustice; (b) [C]onstitutional issues of state-wide importance are 

involved; or (c) [T]he other court has granted or denied a motion for substitution of a judge 

in a criminal case." Spady, ¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)). 

This Court observes that Caves did not serve a copy of his Petition upon the District 

Court, as required by the Montana Rules of Appellate Procedure. M. R. App. P. 14(6). 

Caves only served the Attorney General. We conclude that Caves is not entitled to 

supervisory control. 

According to the recent register of actions, it appears that Caves's counsel emailed 

a document titled, Motion for Hearing to Request Different Attorney, filed on March 13, 

2023. Caves's remedy is with the District Court and not this Court. The District Court is 

not proceeding upon a mistake of law causing a gross injustice. M. R. App. P. 14(3). There 

is no existence of urgency or emergency factors. Spady, ¶ 11. Caves retains the remedy 

of a direct appeal for which the entire record would be available to this Court. M. R. App. 

P. 4(1)(a), 4(5)(b)(i), and 6(2). 

We caution Caves to refrain from filing pleadings with this Court while he is 

represented by counsel in the District Court. M. R. App. P. 10(1)(c). Accordingly, 

IT IS ORDERED that Caves's Petition for a Writ of Supervisory Control is 

DENIED and DISMISSED. 

The Clerk is directed to provide a copy of this Order to: the Honorable Kathy Seeley, 

First Judicial District Court, along with a copy of Caves's Petition; Angie Sparks, Clerk of 

District Court, Lewis and Clark County, under Cause No. CDC-2022-0328; counsel of 

record; Mary Barry, Lewis and Clark Deputy County Attorney; Bridgett Erickson, Defense 

Counsel; and to David Caves personally. 

DATED this z-k day of March, 2023. 

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' Justices €..'"-----