# L) ORIGINAL
IN THE SUPREME COURT OF THE STATE OF MONTANA DA 24-0240
STATE OF MONTANA,

Plaintiffand 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. LongJawappealsaMarch 8,2024 Order,wheretheMissoulaCounty DistrictCourt 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 ofwhich were the subject ofpretrial motions and briefs filed in 2010." The District Court pointed out that the court ruled on every issue Long Jaw has raised inthese pleadings and requests. The DistrictCourt concludedthat 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 ofCivil Procedure in application to Montana's district courts. M. R. Civ. P. 1.

' Long Jaw'sprior 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 24-0240Further, 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, LongJaw appealed his convictions and sentences. Longjaw v. State, 2012 MT 243, ¶ 1, 5, 366 Mont. 472, 288 P.3d 210 (Longjaw1).2 We affirmed Longjaw's conviction for sexual intercourse without consent and reversed his conviction for aggravated burglary. LongjawI,

## ¶24, 25. Longjaw appealed from the District Court's order that dismissed his petition for postconviction reliefin 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 ofineffective assistance ofcounsel for failure to obtain
a medical expert. Longjaw II, ¶¶ 4-5. We affirmed the District Court, based upon its analysis ofthe record and application ofthe law to the facts. Longjaw11,11112, 6, 9. Montana statutes define the scope ofan appeal by a defendant. "An appeal may be taken by the defendant only from a finaljudgment ofconviction and orders afterjudgment which affect the substantial rights ofthe defendant." Section 46-20-104(1), MCA. The doctrines of finality arise here. "In contrast to res judicata, collateral estoppel bars relitigation ofan issue offact or law previously litigated in a prior proceeding by the same parties or theirprivies, 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, representinghimself, filedtheNotice ofAppeal inthat case, resultinginan incorrectly stated caption. It should have been stated as State v. Longjaw, as reflected in the District Court's order and register ofactions. This Court later appointed counsel forbriefing inthat case. 2The Clerk is directed to provide a copy of this Order to counsel of record and to

Timothy John Long Javv_ t peLsonally. DATED this

# o9 day ofMay, 2024.

ChiefJustice

3 Justices