# 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 ofhabeas 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, hewas assigned a public defender. He further statesthathe "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 ofMontana State PublicDefender that informed Caves to work through his attorney "to request ahearingbe 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 23-0163ofthree additional criteria: (a) [T]he other court is proceeding under a mistake oflaw and

is causing a gross injustice; (b) [C]onstitutional issues of state-wide importance are involved;or (c) [T]he other courthas granted ordenied amotion forsubstitution ofajudge in a criminal case." Spady,¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)). This Court observesthat Caves did not serve a copy ofhis Petition upon the District Court, as required by the Montana Rules ofAppellate 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 ofactions, 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 proceedingupon a mistake oflawcausinga gross injustice. M.R.App.P. 14(3). There is no existence ofurgency or emergency factors. Spady, ¶ 11. Caves retains the remedy ofa 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. TheClerk isdirected toprovidea copyofthisOrderto:theHonorable Kathy Seeley, First Judicial District Court, along with a copy ofCaves'sPetition;Angie Sparks, Clerk of District Court, Lewis and Clark County, under Cause No. CDC-2022-0328; counsel of record;Mary Barry, Lewisand ClarkDeputy County Attorney;BridgettErickson,Defense Counsel; and to David Caves personally. DATED this 

## z-k day ofMarch, 2023.

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3 ' Justices €..'"-----