Posted: Jun 21, 2013 1:23 PM by Marnee Banks - MTN News
HELENA - The Montana Supreme Court has again denied Barry Beach's appeal in the 1979 murder case of Kimberly Nees.
The court issued its 4-3 ruling on Thursday, refusing to grant Beach a rehearing.
Beach maintains his innocence by claiming he had poor legal representation and the prosecutors were involved in misconduct.
Beach was convicted of the crime in 1984 and sentenced to 100 years in the Montana State Prison.
He was released in December 2011 after a District Court judge in Lewistown determined that Beach should get a new trial.
In May 2013, a 4-3 ruling by the Montana Supreme Court put Beach back in prison after 16 months of freedom.
Justices Rice, McKinnon, Baker and Simonton all signed the order that was issued on Thursday, with Justices Morris, Cotter and Wheat dissenting.
The court's opinion states: The Court will consider a petition for rehearing if "it overlooked some fact material to the decision." M. R. App. P. 20(1) (emphasis added). The facts established by evidence in the record were properly reviewed.
It is not yet known what further legal action he will take, but he does have the option of appealing the Montana Supreme Court order to the U.S. Supreme Court or perhaps filing a new case in federal court.