Public defender asks to be dismissed from stalking appeal

The state public defender’s office has asked that the Montana Supreme Court rescind the appointment of an attorney from its office and deny an appeal made by a Missoula man convicted of felony stalking in Lake County.

Brandon Kyle Bagnell, 46, is serving five years in the Montana State Prison in Deer Lodge for threatening a former girlfriend in August 2013 in southern Lake County.

According to court documents, Bagnell came to a house that belonged to the woman’s family member, kicked her in the stomach and head and stabbed her in the hand.

The woman claimed Bagnell was trying to get her to sell marijuana for him.

While Bagnell was incarcerated, he allegedly sent the victim letters threatening to harm her for reasons that included not visiting him in prison. After a restraining order was issued, Bagnell continued to attempt contact.

He appealed his conviction in January and was assigned public defender Lisa Korchinski, who asked for multiple extensions to file an opening appeal brief before she asked to be dismissed from the case on Dec. 7.

Bagnell “has no nonfrivolous issues to present on appeal regarding his conviction and sentence,” Korchinski wrote to the court.

The court granted her request and has given Bagnell until Jan. 7 to file a brief himself or with the help of a private attorney.

In addition to the stalking conviction, Bagnell is also serving time for multiple counts of violating orders of protection issued in Yellowstone County in 1999.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.