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Idaho Attorney Post Conviction Manual

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Idaho Attorney Post Conviction Manual Chapter 15 ' ' ,,: Idaho § 15:1 Summary of postconviction remedies in Idaho § 15:2 Uniform Post-Conviction Procedure Act under Idaho Code§§ 19-4901to19-4911 § 15:3 -Text of § 19-4901 § 15:4 --Case law . ·. § 15:5 -Grounds for relief-Newly discovered evidence- Case law · § 15:6 -Text of § 19-4902 § 15:7 - -Filing, Petition § 15:8 --Case law § 15:9 -Summary dismissal-Case law § 15:10 -Statute of limitations § 15:11 --Case law § 15:12 - -Death sentence cases § 15:13 ---Case law '. § 15:14 -Text of§ 19-4903 · § 15:15 -Text of § 19-4904 § 15:16 -Right to counsel-Case law § 15:17 - -Idaho Criminal Rules, Rule 44.2 § 15:18 - - -Text of Idaho Criminal Rules, Rule 44.2 / § 15:19 ---Case law · § 15:20 -Text of§ 19-4905 § 15:21 -Text of § 19-4906 § 15:22 -§ 19-4906-Case law § 15:23 -Text of § 19-4907 § 15:24 -Discovery-Case law § 15:25 -Text of § 19-4908 § 15:26 --Case law § 15:27 -Text of§ 19-4909 § 15:28 ~Text of§ 19-4910 § 15:29 -Text of § 19-4911 § 15:30 -Death s~ntences : · § 15:31 -Custody .requirement § 15:32 -Independent civil action § 15:33 -Appeals § 15:34 --! -Case law ' § 15:35 -Death sentences-Idaho Code § 19-2719 § 15:36 ---Text . 1 STATE PosrooNVIcTioN REMEDIES AND RELIEF § 15:37 ---Case law § 15:38 Writ of habeas corpus under Idaho Code §§ 19-4201 to 19-4226 § 15:39 -Provisions ( § 15:40 -Filing § 15:41 -Civil actions § 15:42 -Discovery § 15:43 -Relief. § 15:44 -Appeals § 15:45 -Text of§ 19~4201. "; § 15:46 -Text of§ 19-4201A .. § 15:47 -Text of§ 19-4202 .. § 15:48_ ~Text of § 19-4203 -· § 15:49 -Text of§ 19-4204 § 15:50 -Text of§ 19-4205 § 15:51 -Text of § 19-4206 '•. § 15:52 -Text of § 19-4207 § 15:53 -Text of§ 19-4208 § 15:54 -Text of§ 19-4209 · § 15:55 -Text of§ 19-4210 § 15:56 -Text of§ 19-4211 ; § 15:5~ -Text of§ 19-4212 .. § 15:58. -Text of § 19.-4213 ··' I § 15:59 -Text of§ 19-4214 ·.:t . § 15:60 -Text of§ 19-4215 § 15:61 -Text of§ 19-421Q ··.l I ' § 15:62 -Text of§ 19-4217 •' rl § 15:63 -Text· of·§ 19-4218 · § 15:64 -Text of§ 19-4219 .. ' § 15:65 -Text of § 19-4220 t_•. § 15:66 -Text of § 19-4221 § 15:67. -Text of § 19-4222 § 15:68 -Text of § 19-4223 J.: ••• § 15:69 -Text of§ 19-4224 ·,.l'· . ·. ~ , .. § 15:70 -Text of§ 19-4225 . - § 15:71 -Text of § 19-4226 \" ...... ; § 15:72 -History -· § 15:73 -Use of habeas corpus to raise .clanns unrelated. to· ~ . i l conviction or sentence-Case law'. · ' '· · ·. - § 15:74 Motions to correct illegal sentence, correct-seµterice imposed in an illegal manner and reduce sentence under Idaho Criminal Rule 85 · § 15:75 -Text ... ·i• § 15:76 -Case law regarding correction of illegal sentences · and sentences imposed, .in an. illegal maµner § 15:77 ;_Case law regarding motion to reduce sentence ~- •. 2 IDAHO § 16:1 § 15:78 Motions to correct clerical error under Idaho Rule: o(. ,Criminal·~ocedl;ll'e.36 . " : . : · . § 15:79 . ~Case.law , . ·i· _ . § 15:80 Writ of error coram nobis under. Idaho Rule of Civil Procedure 60(b) .. · · § 15:81 -Text .': .;;.. ' ... § ·15:82 -Case law § 15:83 Postconviction DNA te~~g s~tu~. unper Idaho Code §§ 19-4901(a)(6) and 19-4902(b)-(f) § 15:84 Postconviction DNA testing. statUte under Idaho Code §§ 19-4901(a)(6) and 19-4902(bµ(g)-Text:of ' . , § 19-4901(a)(6) 'I :' ,' ,§ 15.:85_·.. r·'~Q~tco~victic;>!l PNAt~s~g statµte under Idaho Cod~ §§ 19-4901(a)(6) and 19-4902(b)-(f)-Text of § 19-4902(b)-(f) § 115:86 . ,?os~e>nYi:~tion D~A.tes~g s~~~te UD:der Idaho Code §§ 19-4901(a)(6) and 19-4902(b)-(g)-Text of § 19-2719 § 15:87 Erron1eous Convictions Act · ·. K~~Cite®:.Cases _and other 'legal ~at.erials iist~d in KeyCite. Scope can .l?e researched tlirotigh tiie 1KeyCite ·serviee on'Westlaw~. Use KeyCite to check citations for form,, paralle.l refe~eµ~s,;prior and later.history, anq e<>mprehen-1 sive citator information, including citations to other decisions and, secondary materials.· · · '· · · · · · · · · · · · ., . l ... § ~5;1:: '., s~~ 'o~ ;PQ~t~on~ction. r~~e~~s 'in Jd~o ,,·. I ,J?:~hiciparl)!~~tc~n~~~iqn.;re.~e.dy: · " '.. ,".· ;..;, :, .. ·. · · · . · • '. , • 1 · UPCPA 'cl966 ·version\ ·This ·r~~edy is applied for in the convicting coq;rt ..The ldah9 JJPCPA .:re~edy .is: aµ· indepenclent 'Civil action, not a posts~.µ.t~n~ing: phase· of th_~ Qri~nal --criminal case. The reniedy is a~thorized by statute. There is no custody re·quiremeri.t under the remedy: 'Newly discovered.'eViderice ic)f-in- nocerice: is a· grounq for 'relief under the remedy. ' : ·: ;i ~ ' i': ' • I: ; , , ; l , 1 , # ! • •" \ ' ! • • • • ' , I j ! : I > Right to_,counsel: ... : . -. 1'.,:,·· ·1· .•: •. In death-.seritence, cases~ there is a right.-to couns'el in-Idaho UPCPA p'tdceedings.· .Jn non:oapitalt'cases:, there :is "no right· to counsefin·ldano UPCPAptbceedihgs. ·· , ~ .· : : : . ~' 1 :,· ; . ' ••• ': • ·,:: . • ; • : \ Statl,l~e :f?f limita~io~;. 1 •. - - • , , . • • • • • ' · If the person ·seeking relief under the Idaho UPCPA is· undert ,a death sentence, the application for relief must be. filed"within~ 42 d~ya,_ aft~r the filing. -by the:;~o~v.ictizig !COl,\rt o~;tl;le· rjud~~nt ~po~~ng the .de~~h. pei;ialty. In .a. non,capita.l case t;b.e. ~pplicatiQIJ. 3. § 15:1 STATE POSTCONVICTION REMEDIES AND RELIEF for relief under the Idaho UPCPA must be filed withiq. one year from the expiration of the time for'appeal, or.from the' determina­ tion of the appeal, or from the determination of a· proceeding fol­ lowing appeal, whichever is later. Secondary postconviction remedies: Habeas corpus Motion to correct illegal sep.te,nce . .. Motion to correct sentence impqsed in. an. illegal manner Motion to redµce sentence Motion to correct clerical error Writ of error coram nobis (under Rule 60(b), Idaho R. Civ. Proc.) ' . " . Other remedies: Idaho has a postconviction DNA testing s~atU;te, enacted in 2001. Idaho does not have an errone.ous conviction~ ~~t~. · .: Helpful readings: (1) Collier, Habeas Corpus in Idaho, 4 Idaho L. Rev. 45 (1967) (2) Anderson, Coram Nobis, 4 Idaho L. Rev. 89.-(1967). (3) Comment: The New Idaho Death Penalty Statute: Will It Reduce Appeals?, 33 Idaho L~ Rev. 259, 281-83 (1996) (4) Fisher, Expedited Review of Capital Post-Conviction Claims: Idaho's Flawed Pr()cess, 2 J. App. Prac. & Process 85 (2000) (5) Comment and Ca$enote, EVahs v~ Michigan and the Abroga­ tion of State v. Korsen: A Look... at. ~he Effect on Habea~ Corpu~ Claims for Collateral Relief in ld~o, 51 Idaho L. Rev:. 487 (2915) .: ' ,· § 15:2 Uniform .Post-Conviction Procedure Act under ·· Idaho· Code §§ 19-4901, to 19-4911 '. ··1· .. ;Tp.e.1966 versiop. of the ·uniform Pqst-.Col}viction Procedur.~ Act became Idaho's principal postc~nviction rem~dy when it wa~ originally enacted into law by the Idaho legislature in 1967. Act of Feb. 18, 1967, ch. 25, 1967 Idaho Sess. Laws.42. The·UPCPA, as. amended nine times. and remains the principal postconviction remep.y in:ldaho, and is '.codified. in· Chapter 49 ,(~'Uniform Post­ Conviction Procedure Act") of. Title 19 ("Criminal Procedure'~) .of the Idaho Code (Idaho Code § 19-4901 through.§ 19-4911). ldah~'s postconviction DNA testing statute, enacted· in ·2001, is codified in part within the state's UPCPA, at Idaho ·Code § 19-490l(a)(6) and § ·19.:4902(b) to (f). : . · · · · · ·· The availability of relief under Idaho's 'UPCPA is governed, not only by .the provisions of the UPCPA itself; bu'.t also by (1) Idaho 4 IDAHO § 15:3 Code § 19-2719; (2) Idaho Code .§ 19-853(b); (3) Rule 44.2, Idaho Crim. R.; (4) Rule 44.3, Idaho Crim. R.; and (5) Rule 57, Idaho Crim. R. · . Rule 57, Idaho Crim. R., is entitled "Uniform ·Pdst-Conviction Procedure Act." Rule 57 was "adopted on Dec~ 27, 1979, and became effective on July 1, 1980. Rule 57(a) sets forth· a ·model form of' application for postconviction relief under th~ Idaho UPCPA and requires' tha~ U;PCPA ~pplications be· substantially in accordance with the model ~Qrm. Rul·~ 57(b) provides: "The pe­ tition for postconviction relief shall be filed. by ~hf! clerk of the court as. a separate civil· case and be processed µ~der ~he. Idaho R~le~ of Civil Procedure except as otherwise o:r;~ered by the trial court; provided the. provisions >for discovery in the. Idaho ·;Rules. of Civil :procedure shall, not apply tp th~ proce~~ngs unless and only t.o the extent ordered by the trial court." Rule 57(c).provides: "The petitioner shall· hav~. the burden of proving the petitioner's grounds for relief by a preponderance. of the evidence." § 15:3 Uniform Post-Conviction Procedure Act under .Idaho Code §§·19-4901:to 19-4911-Text of§ 19-4901 Idaho's Ui?CPA, Idaho Code§§ l9-4~01 et seq., provides: 19-4901. Remedy-To whQm available-Conditions. (a) Any person who has been convicted of, or sentenced for, a crime .and who claims: · . (1°) That.the conviction or.the sentence was in violation of the constitution of the· United States or 'the constitutio.n .or laws of t~s state; · (2) That the court was without jurisdiction to impose sentence; (3) ·That the sentence exceeds the maximum authorized by law; ·: '.·· · , · · (4):That there exists eviden~e of ma~erial facts, no~ previ~ · ously presented and heard, that requires vacation of the .
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