Devlin v. State

Summary

The Montana Supreme Court affirmed the denial of Charles Devlin’s second petition for post-conviction relief. The court held that his actual-innocence claim was untimely under Montana law and that the petition failed to satisfy procedural requirements concerning identification and support of factual allegations. The case was decided by noncitable memorandum opinion.

Holdings

1. A claim of actual innocence based on newly discovered evidence must be filed within one year of the date the conviction becomes final or the date the petitioner discovers, or reasonably should have discovered, the evidence, whichever is later. Devlin's petition, filed on September 29, 2014, was untimely because the asserted evidence had been available since 2010 and the cited Beach decision was issued in 2013.
2. A post-conviction petition must identify all facts supporting the grounds for relief and attach affidavits, records, or other evidence establishing those facts. Devlin's petition failed to satisfy this requirement.

Questions Presented

1. Whether Devlin's second post-conviction petition alleging actual innocence was timely under Mont. Code Ann. § 46-21-102(2).
2. Whether Devlin's petition complied with the requirement in Mont. Code Ann. § 46-21-104(1)(c) to identify supporting facts and attach evidence establishing those facts.
3. Whether the District Court erred in denying the petition as procedurally barred and deficient.

Disposition

affirmed