COLETON COBURN v. FIRST JUDICIAL DISTRICT COURT LEWIS AND CLARK COUNTY MICHAEL MENAHAN (2026)

ORDER

Coleton Coburn represents himself in his recently filed Petition for Writ of Supervisory Control over the First Judicial District Court, Lewis and Clark County, and the Honorable Michael T. Menahan. The Clerk of the Supreme Court amended the caption to include the District Court and to remove the State of Montana. Coburn has not served a copy of his writ upon the District Court, pursuant to M. R. App. P. 14(6), and only served counsel for County Attorney and the State of Montana, as originally captioned.

Coburn contends that he is due a decision on his pending motion to withdraw his guilty plea in the District Court and in his underlying criminal case. He states that he filed a timely motion to withdraw on December 13, 2019. Coburn maintains that “[w]ithout a final order from the court, the Petitioner has been unable to proceed on the merits, or to seek legal redress under Montana Law[.]”

By way of background, the District Court held a change of plea hearing on December 18, 2015, in which it accepted Coburn's Alford plea ¹ to deliberate homicide and dismissed the four remaining charges on the State's motion. On August 8, 2016, the District Court issued its Judgment and Commitment, sentencing Coburn to the Montana State Prison for life. Through counsel, Coburn appealed on whether the District Court erred in sentencing Coburn to prison and not finding a mental defect, disease, or developmental disability. State v. Coburn, 2018 MT 246, ¶ 2, 393 Mont. 73, 428 P.3d 243. This Court affirmed. Coburn, ¶¶ 2, 26.

We secured a copy of the court's register of actions. Coburn's case was reopened with his 2019 motion to withdraw his guilty plea. In 2020, the State filed a response brief, and Coburn filed his reply. The register also reflects that Coburn's writ of supervisory control was filed on August 10, 2026. Since then, the District Court has issued an Order – Motion to Withdraw Guilty Plea on August 12, 2026, which has been filed with this Court.

Pursuant to M. R. App. P. 14(3), the Montana Supreme Court has “supervisory control over all other courts and may, on a case-by-case basis, supervise another court by way of a writ of supervisory control.” “Supervisory control is an extraordinary remedy, reserved for extraordinary circumstances.” Stokes v. Mont. Thirteenth Judicial District Ct., 2011 MT 182, ¶ 5, 361 Mont. 279, 259 P.3d 754.

Supervisory control is not warranted here. Coburn cannot demonstrate that the District Court is proceeding under a mistake of law, causing a gross injustice. The District Court has issued a decision, making Coburn's request moot. Therefore,

IT IS ORDERED that:

1. Coburn's Petition for Writ of Supervisory Control is DENIED and DISMISSED; and

2. this matter is CLOSED as of this Order's date.

The Clerk is directed to provide a copy of this Order to: Michael T. Menahan, District Court Judge; Lisa Kallio, Clerk of District Court, under Cause No. ADC-2015-271; counsel of record, and Coleton Coburn personally.

DATED this 18th day of August, 2026.

CORY J. SWANSON

JAMES JEREMIAH SHEA

LAURIE McKINNON

KATHERINE M. BIDEGARAY

JIM RICE

FOOTNOTES

1.   N.C. v. Alford, 400 U.S. 25, 91 S. Ct. 160 (1970).