Opinion
DA 23-0155
01-02-2024
STATE OF MONTANA, Plaintiff and Appellee, v. MATTHEW RYAN AILER, Defendant and Appellant.
ORDER
On December 5, 2023, we issued an opinion in the above-entitled action, affirming the District Court's dismissal of Ailer s claims based on res judicata and denying his second application for CCJI. State v. Ailer 9 2023 MT 237N. Ailer subsequently filed a petition for rehearing.
This Court will consider a petition for rehearing on very limited grounds. M R, App. P. 20(1)(a) provides that a petition for rehearing will be considered only when the Court "overlooked some fact material to the decision," when "it overlooked some question presented by counsel that would have proven decisive to the case," or when "its decision conflicts with a statute or controlling decision not addressed" by the Court. Having fully considered Ailer's petition, we conclude that rehearing is not warranted under the standards of M. R. App. P. 20(1)(a).
Accordingly, IT IS HEREBY ORDERED that the Petition for Rehearing is DENIED.
The Clerk of this Court shall provide a copy of this Order to Matthew Ryan Ailer and to all counsel of record.