L) ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 24-0240 

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

TIMOTHY JOHN LONG JAW, 

Defendant and Appellant. 

ORDER 

Appellant Timothy John Long Jaw1 moves this Court, pursuant to M. R. App. P. 

16(1), "for all (Discovery)!" (Emphasis in original.) Long Jaw cites to his criminal case 

Cause No. DC-09-646 from the Fourth Judicial District Court, Missoula County. 

Long Jaw appeals a March 8, 2024 Order, where the Missoula County District Court 

determined that Long Jaw's "filings are procedurally barred and must be DENIED." The 

District Court explained that Long Jaw filed multiple pleadings requesting "that the court 

rule on various topics, most of which were the subject of pretrial motions and briefs filed 

in 2010." The District Court pointed out that the court ruled on every issue Long Jaw has 

raised in these pleadings and requests. The District Court concluded that his pleadings and 

filed papers have wasted his time and the court's time; moreover, the court directed the 

clerk not to file them as the court will not entertain future requests. 

Long Jaw is not entitled to his motion, as this Court does not entertain discovery 

requests. Discovery is governed by the Montana Rules of Civil Procedure in application 

to Montana's district courts. M. R. Civ. P. 1. 

' Long Jaw's prior appeals combined his last name as Longjaw. FiLED 

MAY 2 9 2024 

Bowen Cireenw000 

Clerk of Supreme Court State of Montana 

05/29/2024

Case Number: DA 24-0240
Further, we conclude upon review that Long Jaw's instant appeal is not proper. 

Long Jaw has had two appeals-concerning his crirninal conviction and sentence. In 2011, 

Long Jaw appealed his convictions and sentences. Longjaw v. State, 2012 MT 243, ¶ 1, 5, 

366 Mont. 472, 288 P.3d 210 (Longjaw 1).2 We affirmed Longjaw's conviction for sexual 

intercourse without consent and reversed his conviction for aggravated burglary. 

Longjaw I, ¶ 24, 25. 

Longjaw appealed from the District Court's order that dismissed his petition for 

postconviction relief in 2014. Longjaw v. State, No. DA 14-0413, 2015 MT 173N, 2015 

Mont. LEXIS 349 (Jun. 23, 2015) (Longjaw II). The District Court required a response 

from the State on Longjaw's issue of ineffective assistance of counsel for failure to obtain 

a medical expert. Longjaw II, ¶¶ 4-5. We affirmed the District Court, based upon its 

analysis of the record and application of the law to the facts. Longjaw 11,11112, 6, 9. 

Montana statutes define the scope of an appeal by a defendant. "An appeal may be 

taken by the defendant only from a final judgment of conviction and orders after judgment 

which affect the substantial rights of the defendant." Section 46-20-104(1), MCA. The 

doctrines of finality arise here. "In contrast to res judicata, collateral estoppel bars 

relitigation of an issue of fact or law previously litigated in a prior proceeding by the same 

parties or their privies, whether under the same or a different legal claim." State v. Huffine, 

2018 MT 175, ¶ 16, 392 Mont. 103, 422 P.3d 102 (citations omitted). Long Jaw has had 

his appeals. Sections 46-20-104(1), and 46-21-203, MCA. Based on the doctrine of 

collateral estoppel and because the court's recent order does not affect his substantial 

rights, Long Jaw's appeal should be dismissed. Accordingly, 

IT IS ORDERED that: 

1. Long Jaw's Motion for all Discovery is DENIED; and 

2. Sua sponte, Long Jaw's appeal is DISMISSED with prejudice. 

2 Longjaw, representing himself, filed the Notice of Appeal in that case, resulting in an incorrectly 

stated caption. It should have been stated as State v. Longjaw, as reflected in the District Court's 

order and register of actions. This Court later appointed counsel for briefing in that case. 

2 
The Clerk is directed to provide a copy of this Order to counsel of record and to 

Timothy John Long Javv_tpeLsonally. 

DATED this o9 day of May, 2024. 

Chief Justice 

3 

Justices