# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 23-0438
STATE OF MONTANA,

Plaintiff, Respondent, and Appellee,

v. STRAUSIE LEIA HART,

Defendant and Appellant. 

# FILED AUG 2 2 2023
Bowen Greenwood Clerk of Supreme Court State of Montana 

### ORDER

Strausie Leia Hart has filed a verified Petition for an Out-of-Time Appeal, stating that she believes a conflict ofinterest exists between the presidingDistrict Court Judge and her underlyingproceeding in the Justice Court ofLewis and Clark County. Hart states that she did not have the opportunity to respond to the State's motion to dismiss her appeal in the First Judicial District Court, Lewis and Clark County. She includes a copy of the judgment she seeks to appeal, a March 29, 2023 order by which the District Court dismissed Hart's appeal without prejudice and remanded the record to Justice Court. We secured copies ofthe register of actions and the pertinent documents from the District Court. On March 28, 2023,the State, through the County Attorney's office,moved the District Court for dismissal on the ground that Hart did not appeal a finaljudgment of conviction. The State explained that Hart's case went to trial on August 9, 2022. During the course oftrial, the court declared a mistrial. Hart moved to dismiss, invoking her right against doublejeopardy. The Justice Court denied the motion and rescheduled the trial for May 30, 2023. It vacated that trial afterHart filed her notice ofappeal to the District Court. The State argued that there was no finaljudgment of conviction, rendering Hart's appeal premature. The District Court agreed and dismissed the appeal. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross 08/22/2023

Case Number: DA 23-0438miscarriage ofjustice[.]" Upon review ofthe available information, we conclude thatHart

is not entitled an out-pf-time appeal. This Court has held that "appeals ofa doublejeopardy issue from a court oflimited jurisdiction to a district court are permitted as a 'narrow exception[]' to the general rules governing de novo appeals to the district court." State v. BurtOn, 2017 MT 306, ¶ 19, 389 Mont. 499, 407 P.3d 280 (citation omitted)! We held in Burton, ¶ 19, that "pre-judgment doublejeopardy rulings entered by a court oflimitedjurisdiction can,following appeal to the districtcourt,bebroughttothis Court only byway ofapetition for awrit ofsupervisory control." It is not clear from Hart's filings whether she sought appeal in the District Court ofthe doublejeopardy ruling or for some other reason. Either way, however, Hart does not have a present right to appeal the District Court's dismissal order. Hart's option to seek review ofa decision on the doublejeopardy issue would be to file apetition forwrit ofsupervisory control in this Court. SeeBurton, ¶ 19. For any other issue, lain appeal may betaken by the defendant only from a finaljudgment ofconviction and orders after judgment which affect the substantial rights ofthe defendant." Section 46-20-104, MCA. Hart does not have a "finaljudgment ofconviction" because there has been no "adjudication by a court that [Hart] is guilty or not guilty." Section 46-1-202(11), MCA. Because Hart appears to be represented by counsel in the underlying case, we decline to treat her Petition for Out-of-Time appeal as a petition for writ under M. R. App. P. 14(3). IT IS THEREFORE ORDERED that Hart's Petition for an Out-of-Time Appeal is DENIED and DISMISSED. The Clerk is directed to provide a copy ofthis Order to the First Judicial District Court; to all counsel ofrecord in the District Court proceedings; and to Strausie Leia Hart personally.

We note that the Lewis and Clark County Justice Court is a court ofrecord; as such, rather than ade novo appeal, Hart's appeal to DistrictCourt "isconfined to reviewoftherecord and questions of law, subject to the supreme court's rulemaking and supervisory authority." Section 3-10-115(1), MCA. 2

### eta

DATED this C. day ofAugust, 2023.

ChiefJustice

/1474-4- / 1)4‘%-



### Justices

3