High court partially denies kidnappers appeal
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HELENA – The Montana Supreme Court turned down most parts of an appeal filed earlier in March by a man serving a 50-year sentence for kidnapping an 18-year-old Bigfork woman from a festival in 2006.
Charles “Chuck” Devlin, 64, is ineligible for parole until 2032. He has appealed the high court several times unsuccessfully since the conviction, including an appeal filed earlier this March.
In the latest appeal Devlin claimed law enforcement had not fully investigated the crime scene and blamed the local media and criminal prosecutors for tainting the jury pool.
Devlin asked for a court-appointed lawyer and dismissal of the case.
The justices disagreed with Devlin’s appeal, saying he was not entitled to a court-appointed lawyer.
“Devlin is not entitled to appointment of counsel in this matter because the right to counsel does not extend to a post-judgment matter, such as this,” Chief Justice Mike McGrath wrote in a unanimous decision. “Moreover, Devlin has not demonstrated that extraordinary circumstances exist to justify appointment of counsel.”
McGrath further denied Devlin’s requests for an evidentiary hearing and dismissal of the case.
“Devlin’s remaining motions are not well taken as both motions are unavailing and not in the proper form,” McGrath wrote.
McGrath said it would consider the rest of the case and that “this matter will be decided in due course.”
