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State V. Shackelford Clerk's Record Dckt. 39398

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State V. Shackelford Clerk's Record Dckt. 39398 UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 3-5-2012 State v. Shackelford Clerk's Record Dckt. 39398 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "State v. Shackelford Clerk's Record Dckt. 39398" (2012). Idaho Supreme Court Records & Briefs. 1173. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/1173 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. .!"'"') ........., IN THE SUPREME COURT•/,- ,( -·" -···· .. ./.:... -.,. ... / - •-:-......! " ·" ·' . OF THE .. ..... STATE OF IDAHO STATE OF IDAHO, Plaintiff/Respondent, vs. DALE CARTER SHACKELFORD, Defendant/Appellant . Appealed from the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah HON. JOHN R. STEGNER, DISTRICT JUDGE LAWRENCE WASDEN A ITORNEY FOR RESPONDENT - 5 2012 MOLLY J. HUSKEY ATTORNEY FOR APPELLANT Filed this _ day of ______, 2012. STEPHEN W. KENYON, CLERK BY ~------- Deputy SUPREME COURT CASE NO. 39398-2011 VOLUMEIOFIVOLUME 5Cf~9? IN DISTRICT COURT OF THE SECOND JUDICIAL OF OF IDAHO, IN AND FOR THE COUNTY STATE OF IDAHO, ) ) SUPREME COURT NO. 39398-2011 Plaintiff/ Respondent, ) ) vs. ) ) DALE CARTER SHACKELFORD , ) ) Defendant/ Appellant. ) ·~~~~~~~~) CLERK'S RECORD ON APPEAL Appeal from the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah HONORABLE JOHN R. STEGNER District Judge MOLLY J. HUSKEY LAWRENCE WASDEN STATE APPELLANT PUBLIC DEFENDER ATTORNEY GENERAL 3647 LAKE HARBOR LANE POBOX83720 BOISE, ID 83703 BOISE, ID 83720-0010 ATTORNEY FOR APPELLANT ATTORNEY FOR RESPONDENT TABLE OF CONTENTS Register of Actions (March 29, 2011) .......................................................................................... 6 Order Appointing Counsel for Defendant (March 29, 2011) ............................................... 10 Court Minutes (May 11, 2011) Status Conference .................................................................. 12 Notice of State's Decision to Not Seek Death Penalty on Resentencing (June 20, 2011) .. 14 Court Minutes (June 20, 2011) Status Conference .................................................................. 21 Motion to Disqualify Judge Without Cause (June 22, 2011) ................................................. 23 Objection to Defendant's "Motion to Disqualify Judge Without Cause" (June 23, 2011) .............................................................................................................................. 25 Order Denying Motion to Disqualify Judge Without Cause (June 30, 2011) ..................... 29 Court Minutes (July 1, 2011) Status Conference ..................................................................... 32 Order for Update to Presentence Report (July 11, 2011) ....................................................... 34 Defendant's Response to Notice of State's Decision to Not Seek Death Penalty on Resentencing (July 25, 2011) ...................................................................................................... 36 Order Scheduling Resentencing (July 28, 2011) .................................................................... .43 Reply to "Defendant's Response to Notice of State's Decision to Not Seek Death Penalty on Resentencing" (August 1, 2011) .......................................................................................... 45 Brief in Support of Defendant's Motion for Disqualification for Cause (August 3, 2011) .......................................................................................................................... 64 Defendant's Affidavit in Support of Defendant's Motion for Disqualification for Cause (August 3, 2011) .......................................................................................................................... 72 Defendant's Motion for Disqualification for Cause (August 3, 2011) ................................. 76 Motion for Continuance of Sentencing Hearing (August 9, 2011) ...................................... 78 Stipulation Re: Response to Presentence Investigation Report (August 11, 2011) ............ 81 Notice of Hearing on Motion for Disqualification for Cause (August 11, 2011) ............... 83 TABLE OF CONTENTS 002 Notice of Hearing on Motion for Continuance of Sentencing Hearing (August 11, 2011) ........................................................................................................................ 85 Order for Transport (August 23, 2011) .................................................................................... 87 Defendant's Objection and Responses to Presentence Investigation and Witness List (August 23, 2011) ........................................................................................................................ 89 Court Minutes (August 26, 2011) Motion to Disqualify ........................................................ 95 Order Denying Defendant's Motion for Disqualification for Cause (August 26, 2011) ... 97 Motion for a Specific Sentence (September 13, 2011) ............................................................ 99 Notice of Hearing on Motion for a Specific Sentence (September 13, 2011) .................... 116 Order for Transport (September 26, 2011) ............................................................................ 118 Sentencing Memorandum (September 27, 2011) .................................................................. 120 Court Minutes (September 28, 2011) Resentencing Hearing .............................................. 139 Judgment of Conviction on Resentencing - Counts I and II (October 6, 2011) ............... 144 Notice of Appeal (October 20, 2011) ............................................................................ , ......... 149 Motion to Appoint State Appellant Public Defender (October 20, 2011) ......................... 153 Order Appointing State Appellant Public Defender (October 21, 2011) .......................... 155 Clerk's Certificate Re: Exhibits ............................................................................................... 157 Clerk's Certificate ..................................................................................................................... 158 Certificate of Service ................................................................................................................. 159 TABLE OF CONTENTS 003 INDEX Brief in Support of Defendant's Motion for Disqualification for Cause (August 3, 2011) .......................................................................................................................... 64 Certificate of Service ................................................................................................................. 159 Clerk's Certificate Re: Exhibits ............................................................................................... 157 Clerk's Certificate ............................................... ·...................................................................... 158 Court Minutes (August 26, 2011) Motion to Disqualify ........................................................ 95 Court Minutes (July 1, 2011) Status Conference ..................................................................... 32 Court Minutes (June 20, 2011) Status Conference .................................................................. 21 Court Minutes (May 11, 2011) Status Conference .................................................................. 12 Court Minutes (September 28, 2011) Resentencing Hearing .............................................. 139 Defendant's Affidavit in Support of Defendant's Motion for Disqualification for Cause (August 3, 2011) .......................................................................................................................... 72 Defendant's Motion for Disqualification for Cause (August 3, 2011) ................................. 76 Defendant's Objection and Responses to Presentence Investigation and Witness List (August 23, 2011) ........................................................................................................................ 89 Defendant's Response to Notice of State's Decision to Not Seek Death Penalty on Resentencing (July 25, 2011) ...................................................................................................... 36 Judgment of Conviction on Resentencing - Counts I and II (October 6, 2011) ............... 144 Motion for a Specific Sentence (September 13, 2011) ............................................................ 99 Motion for Continuance of Sentencing Hearing (August 9, 2011) ...................................... 78 Motion to Appoint State Appellant Public Defender (October 20, 2011) ......................... 153 Motion to Disqualify Judge Without Cause (June 22, 2011) ................................................. 23 Notice of Appeal (October 20, 2011) ...................................................................................... 149 Notice of Hearing on Motion for a Specific Sentence (September 13, 2011) .................... 116 INDEX Notice of Hearing on Motion for Continuance of Sentencing Hearing (August 11, 2011) .......................................................................................................................
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