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12-24-2014 Shackelford v. State Clerk's Record v. 1 Dckt. 42182

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Recommended Citation "Shackelford v. State Clerk's Record v. 1 Dckt. 42182" (2014). Supreme Court Records & Briefs. 5594. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/5594

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SUPREME

Appealed

Filed

Judicial

JOHN

DALE

ATTORNEY

STEPHEN

ATTORNEY

IN

this_

VOLUMEIOFIVOLUME

and

from

LAWRENCE

THE

Defendant/

District COURT

Plaintiff/Respondent,

STATE

DENNIS

STATE CARTER

R.

for

the

STEGNER,

day

the

SUPREME

W.

OF

District

FOR of

Deputy

of

FOR

County OF

OF

KENYON,

vs.

CASE

BENJAMIN

the

SHACKELFORD,

THE

_____

Appellant.

RESPONDENT WASDEN

IDAHO,

IDAHO

APPELLANT

State

Court

DISTRICT

of

NO.

COURT

of Latah

CLERK

of

Idaho,

42182-2014

the

,

Second

2014.

JUDGE

in STATE

VS.

______DALE

in

303

DENNIS

BOISE,

NEVIN, ATTORNEY

and

WEST

IN

CARTER Plaintiff/

Defendant/

for

Appeal

THE

OF

ID

THE

BENJAMIN,

BENJAMIN

the

BANNOCK

IDAHO,

83701

STATE

FOR

DISTRICT

County

from

Respondent,

SHACKELFORD

APPELLANT

Appellant.

the

OF

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of

District

Latah

IDAHO,

HONORABLE

COURT

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&

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State

of

OF

Idaho,

1 Register

Court Application Appointment Order

Court Order Notice

(March for Notice Objection Motion Order

Order Judgment

Response Amended Clerk's Clerk's Notice Certificate

TABLE

Post-Conviction

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2014)

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2013)

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2014)

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2013

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2014)

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2014)

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2013)

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2014)

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.21

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Application Certificate Appointment Clerk's

Clerk's

Court

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for

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INDEX

Post-Conviction

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of of

of Certificate Certificate

for

7,

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2014)

to (July

to of

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2013) -

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.4 Time:

Date:

Page

Date

12/6/2013

12/9/2013

1/13/2014

1/14/2014 1/17/2014 1/28/2014 4/7/2014 4/23/2014 3/7/2014

3/21/2014 6/27/2014

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Case:

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Hearing 01/28/2014 Hearing Shackelford all and Shackelford Number Order Conviction from

Motion 06/06/2014 Conviction from Notice

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Reply Summary

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User:

RANAE Time:

Page Date:

7/17/2014 7/3/2014 Date 7/15/2014

7/24/2014 9/4/2014 7/28/2014 8/1/2014

Dale

2

Carter

11:54AM

10/3/2014

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Case:

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vs

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CV-2013-0001408

Of

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an 530 U.S. 466 (2000); Blakely v. Washington, 542 U.S. 296 (2004).

b ). The maximum sentence for First Degree Murder in Idaho, once the Death Penalty has been

is ten ( 10) years to life, unless there are specific facts determined by a jury in a special

sentencing hearing (I.C. §19-2515(7) et seq.) The state, in having sought the death penalty in the

underlying criminal case, cannot, post conviction, unring the bell of having sought the death penalty

so as to relieve itself of the responsibility of having to prove, beyond a reasonable doubt, that

aggrevating factors exist which would only then allow the imposition of a sentence greater than ten

( 10) years to life - aggravating factors which Petitioner specifically contends could not be proven,

thus, the sentences imposed in this resentencing and the procedures utilized to impose them violate

the state and federal due process rights of the Petitioner. Apprendi v New Jersey, 530 U.S. 466

(2000); Blakely v. Washington, 542 U.S. 296 (2004).

c ). Appellate counsel failed/refused to fully investigate, research and/or consider the merits, laws

and circumstances of the claims set forth in sections (b) and (c) above prior to making the

uninformed and illogical decision - against Petitioner's express and documented wishes and

interests - not to present [that] claim on direct appeal from resentencing. Petitioner filed a pro se

Motion to Augment with the Idaho Supreme Court dated May 31, 2012, with said timely motion containing a complete and properly executed and formatted claim (attached hereto and incorporated herein in its entirety by reference). This Motion to Augment was rejected by the Idaho Supreme

Court without review prior to the deadline for filing such briefs in that case. Petitioner asserts that had the arguments set forth in [that] claim been researched, investigated and presented by appellate counsel within the direct appeal from resentencing, the claim would have been considered by the

Idaho Supreme Court, and that a ruling - beneficial to the Petitioner would have been made by that Court, and/or said claim would have been exhausted in the state courts.

APPLICATION FOR POST CONVICTION RELIEF - 3 6). Applicant moves this Court to appoint counsel in the above-styled matter - counsel who may

also represent the Petitioner in the (suspended) proceedings in Latah County Case No. CV 2001-

004272. In support, Petitioner states that he has been declared indigent during all phases of the

proceedings herein, and remains unable to afford to hire counsel to represent him in these and

related proceedings before this Court.

WHEREFORE, Petitioner prays this Court vacate the sentences imposed on September 28,

2011, appoint counsel to represent the Petitioner on the instant case as well as (suspended)

proceedings, and order other relief deemed appropriate.

I hereby verify based on my personal knowledge the material facts contained herein are

supported by the record as described, and are true and correct

Dale C. Shackelford Petitioner, pro se

Sworn and Subscribed before me this

SEAL My Commission Expires: GJo·I J !12011 ~ ( j !

APPLICATION FOR POST CONVICTION RELIEF - 4 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OFTHESTATEOFIDAHO,IN AND FOR THE COUNTY OF LATAH

- COURT MINUTES -

Stegner Sheryl Engler District Judge Court Reporter Recording: Z: 3/ 2014-01-13 Date: January 13, 2014 Time: 10:31 A.M.

DALE CARTER SHACKELFORD, ) Case Nos. CV-2001-4272 [SP-2001-366] ) (and CV-2013-1408) Petitioner, ) ) APPEARANCES: vs. ) ) Petitioner participating by telephone, STATE OF IDAHO, ) appearing pro se Respondent. ) ) State represented by counsel, ) William W. Thompson, Jr., Prosecutor

Subject of Proceedings: STATUS CONFERENCE by telephone conference

This being the time fixed pursuant to order of the Court for conducting a status conference in CV-2001-4272, Court noted the participation of counsel and the petitioner in this conference call.

Court stated for the record that the State had moved for summary disposition and it was the Court's inclination to hear that motion and, if it allows the case to proceed further, it would then appoint counsel to represent Mr. Shackelford at that time. Neither the State nor Mr. Shackelford had objection to proceeding in that fashion.

Court scheduled hearing on the State's Motion for Summary Disposition and Mr. Shackelford' s Motion for Appointment of Counsel for 9:30 A.M. on January 28, 2014.

Colloquy was had between Court, counsel and Mr. Shackelford regarding CV-2013-1408.

Court stated that it would hear all pending motions in both CV-2001-4272 and CV-2013- 1408 at 9:30 A.M. on January 28, 2014. Mr. Shackelford objected to hearing these cases together. Court stated that it had not combined the cases, but had only scheduled all pending motions in both cases for hearing.

Court recessed 10:38 A.M.

APPROVED BY: ..A A A---;: (~it;\ /\_ ro/~ JcJ.rN R. STEGNER DISTRICT JUDGE

Terry Odenborg Deputy Clerk 0

ORDER ORDER

OF OF

telephone telephone

2014. 2014. conference, conference,

______

STATE STATE

DALE DALE

ALL ALL

IN IN

DATED DATED

It It

THE THE

CARTER CARTER

The The

THE THE

OF OF

SETTING SETTING

PENDING PENDING

is is

at at

ORDERED ORDERED

to to

Department Department

IDAHO, IDAHO,

DISTRICT DISTRICT

that that

STATE STATE

vs. vs.

be be

this this

SHACKELFORD, SHACKELFORD,

initiated initiated

time time

HEARING HEARING

~y ~y

MOTIONS MOTIONS

Respondent. Respondent.

Petitioner, Petitioner,

OF OF

so so

that that

of of

COURT COURT

that that

IDAHO, IDAHO,

by by

Correction Correction

hearing hearing

the the

he he

of of

-

Court, Court,

January January

may may

OF OF

IN IN

1 1

of of

shall shall

participate participate

THE THE

AND AND

all all

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pending pending

2014. 2014.

9:30 9:30

have have

JUDICIAL JUDICIAL SECOND

FOR FOR

Ji~Ste~ Ji~Ste~

District District

OF OF

ORDER ORDER

Case Case

A.M., A.M.,

Mr. Mr.

in in

THE THE

motions motions

ALL ALL

No. No.

the the

Shackelford Shackelford

Pacific Pacific

Judge Judge

COUNTY COUNTY

SETTING SETTING

PENDING PENDING

hearing. hearing.

be be

CV-2001-0004272 CV-2001-0004272

[SP-01-00366] [SP-01-00366]

Time, Time,

conducted conducted

~ ~

to to available

on on

OF OF

DISTRICT DISTRICT

HEARING HEARING

MOTIONS MOTIONS

January January

----

LATAH LATAH

by by

telephone telephone

a a

28, 28,

OF OF 1 1 CERTIFICATE OF SERVICE

I do hereby certify that a full, true, complete and correct copy of the foregoing ORDER SETTING HEARING OF ALL PENDING MOTIONS was hand delivered to:

William W. Thompson, Jr. Prosecuting Attorney

mailed to:

Dale C. Shackelford #64613 PO Box 70010 Boise, ID 83707

transmitted by facsimile to:

James Quinn Idaho Department of Correction (208) 336-9715 and emailed to:

Central Records [email protected] onthisL~

,:;:.

ORDER SETTING HEARING OF ALL PENDING MOTIONS - 2 \

LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR. PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 2613

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

DALE CARTER SHACKELFORD, CASE No. CV-2013-01408 Petitioner, NOTICE OF FILING vs.

STATE OF IDAHO,

Respondent.

COMES NOW, the Respondent State of Idaho, by and through the Latah County

Prosecuting Attorney, and respectfully presents for filing in the above-entitled action the attached copy of the State's "Response to 'Application for Post Conviction Relief,'

'Motion to Amend [Successive] Petition for Post Conviction Relief,' 'Motion to Appoint

Counsel;' and Renewed Motion for Summary Disposition" dated January 2, 2014, and filed at 12:32 p.m. on said date in Latah County Case No. CV-2001-04272 (formerly SP-

NOTICE OF FILING: Page -1-

1 01-00366), Dale Carter Shackelford v. State of Idaho. When the State filed said response, the State was unaware that a new case number (the instant case) had been assigned to some of the documents presented by Mr. Shackelford to which the State was, and is now, responding. The State incorporates by this reference as if fully set forth at this point all of its prior arguments and prayers for relief in the original case (CV-2001-

04272) including its request for summary disposition of both the successive petition in the 2001 case and the proposed new petit,ion in the instant case . 1~-. Iii Respectfully submitted this /~ day of January, 2014.

William W. i;;, om n, Jr. Prosecuting ~t:orney

NOTICE OF FILING: Page -2- CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing Notice of Filing was

/ mailed, mail, postage prepaid

hand delivered

__ sent by facsimile, original by mail to the following:

Dale Carter Shackelford #64613 ICC P.O. Box 70010 Boise, ID 83 707

Dated this / 71),h day of January, 2014.

NOTICE OF FILING: Page -3-

1 ?: -2 I._ 1?I...£ L.

LATAH COUNTY PROSECUTOR'S OFFICE WILLIAMW. THO:MPSON,JR. PROSECTJI1NG i\TTOP"'~JEY Latah County Courthouse P.O. Box 8068 Moscow, Idaho 83843-0568 (208) 883-2246 ISB No. 2613

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

DALE CARTER SHACKELFORD, CASE NO. CV-2001~04272 Petitioner, RESPONSE TO II APPLICATION vs. FOR POST CONVICTION RELIEF," "MOTION TO AMEND [SUCCESSIVE] PETITION FOR POST CONVICTION STATE OF IDAHO, RELIEF,""MOTION TO APPOINT COUNSEL;" AND RENEWED Respondent. MOTION FOR SUM.MARY DISPOSITION

COMES NOW, the Respondent, State of Idaho, by and through the Latah County

Prosecuting Attorney1 and respectfully submits the following response to the

RESPONSE TO" APPLICATION FOR POST CONVICTION RELIEF","MOTION TO Al\.ffiND [SUCCESSIVE] PETffiON FOR POST CONVICTION RELIEF," "MOTION TO APPOINT COUNSEL;" AND RENEWED MOTION FOR SUMMARY DISPOSffiON: -1- Petitioner's "Application for Post-Conviction Relief," "Motion to Amended [Successive]

Petition for Post-Conviction Relief, n and "1tiotion to Appoint Counsel," all of which are

dated December 3, 2013 (as reflected by their certificates of mailing of said date).

Respondent further renev,s its prior motions for SUcrn.,_inaryDisposition.

The history of this case has been exhaustedly outlined in numerous pnor

pleadings, and the State incorporates all of its filings and responses herein. The only

new development is the fact that the Idaho Supreme Court has issued its opinion

denying petitioner's most recent appeal of his resentencing, the Rernittitur now having

been issued on November 21, 2013, in Supreme Court docket no. 39398 (Latah County

Case No. CR-2000-260). With the issuance of the Rernittitur, the State respectfully

submits that the case is now ripe for a decision on the pending motion(s) for summary

disposition.

In his newest filings (December 3, 2013), Petitioner largely restates pnor

arguments which he has tendered and which have been ruled upon either in the

original post-conviction proceeding and combined appeal, or in the more recent appeal

of the petitioner's resentencing. The only arguable new claim petition attempts to assert

RESPONSE TO "APPLICATION FOR POST COJ\JvICTION RELIEF","MOTION TO AlvIEND [SUCCESSIVE] PETITION FOR POST CONVICTION RELIEF," "MOTION TO APPOINT COUNSEL;" AND RENEWED MOTION FOR SUMMARY DISPOSITION: -2- that hasn't otherwise been raised (or could have been raised) on appeal is a conclusory

allegation of.ineffective assistance of appellate counsel in the most recent appeal.

Wherefore, for the reasons more completely articulated in the States April 11,

2011, "J,...r1.swer to '[Successive] Petition for Post-Conviction Relief/ "May 6, 2011,

"Motion for Summary Disposition/' August 9, 2012, "Response to: Motion to Resume

Proceedings, Motion for Appointment of Counsel and Evidentiary Hearing, Motion to

· Take Judicial Notice and Motion to Amend· [Successive] Petition for Post-Conviction

Relief," and September · 7, 2012, "Response to 'Petitioner's Motion for Summary

Disposition of Pending Motion for Appointment of Counsel'; " the State respectively

moves for orders of this Court denying the December 3, 2013, "Motion to Amend

[Successive] Petition for Post-Conviction Relief" and "Motion to Appoint Counsel"; ' denying the December 3, 2013, "Application for Post-Conviction Relief" on the grounds

that it is untimely, contain.s no new or different substantive allegations than those

previously litigated (or which could have been raised on prior appeal or post­

conviction) and, as to any allegation of ineffective assistance of appellate counsel in the

RESPONSE TO" APPLICATION FOR POST C0!\1"VICTION RELIEF" ,"MOTION TO AMEND [SUCCESSIVE} PETITION FOR POST CONVICTION RELIEF," "MOTION TO APPOWT COUNSEL;" AND RENEWED MOTION FOR SUMMARY DISPOSITION: -3- most recent resentencing appeal, there is no factual basis alleged; and granting

~' __j /I'-' Respectfully submitted this _:-' day of January, 2014.

11 /c(\Villi~ W. Thompson, Jr. Prosecuting Attorney

RESPONSE TO" APPLICATION FOR POST CONVICTION RELIEF","MOTION TO AMEND [SUCCESSIVE] PETITION FOR POST CONVICTION RELIEF/' "MOTION TO APPOINT COUNSEL;" AND RE1'.TEWED MOTION FOR SU:MJ\1ARY DISPOSffiON: -4- 1

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STATE STATE

======---=====----======---=====----======

Date: Date:

DALE DALE

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the the a a IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

DALE CARTER SHACKELFORD, ) ) Case No. CV-2013-1408 Petitioner, ) ) VS. ) ORDER DENYING MOTION FOR ) APPOINTMENT OF COUNSEL STATE OF IDAHO, ) AND GRANTING SUMMARY ) DISMISSAL Respondent. ) ' )

BACKGROUND

Dale Shackelford filed an Application for Post-Conviction Relief (Idaho Code

19-4901) with Motion for Appointment of Counsel with this Court on December 6,

2013. The State filed its opposition on January 2, 2014, referring generally to the

entirety of prior proceedings and filings. The State has moved for summary

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND GRANTING SUMMARY DISMISSAL 1 AND

APPOINTMENT DISMISSAL

reliability ORDER

this

not,

post-conviction

19-4901(b).

defendants

conviction. 115

10 an

than

points.

violate

and

sentences

dismissal

n.

entirely

Idaho

rule is

(iii)

criminal.

1

GRANTING

An

The

forfeited

Shackelford

(1998).

the

ineffective

in

DENYING

application

of

which

of

not

at

doctrine

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new

from

that

State

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the

210,

new,

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reliefproceeding.

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and

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proceeding,

petition,

a

finding

raising exceed

v.

766

new

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makes

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and

assistance

of

issue

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may

MOTION

v.

for

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P.2d

COUNSEL

issue

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unsupported

clauses

the

of

issues

not

post-conviction

arguing

judicata

which

three

guilt,

115

at

maximum

distinct

may

be

680;

of

Idaho

decided

considered

of

FOR

arguments

could

and

appellate

145

be

that

State

the

applies

LC.

raised

from

could

by

Idaho

208,

have

constitutions

2

the

terms

§

on

LAW

v.

any

relief

19~4901(b).

the

Creech,

to

210,

direct issues

counsel

in

not

if

been

in

437,

factual

post-conviction

it

allowed

post-conviction criminal

his

initiates

have

766

raises

443,

criminal

raised

included

petition:

132

in

P.2d

of

basis.

been

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failing

by

180

a

Idaho

action

Idaho

on

an

substantial

678,

law,

presented

P.3d

appeal

in

direct

action

(i)

is

relief

to

1,

the

proceedings.

and

680

which

(ii)

the

a

476,

argue

10

narrow

the

petition

appeal,

in

court

that

(1988).

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n.

cases:

482

doubt

a

earlier.

led

sentences

1,

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United

subsequent

is

966

imposed

exception

to

(2008).

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it

but

above

are

about

the

bars

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P.2d

LC.§

was

States,

rather

It

the

1,

to

is AND

APPOINTMENTOF

DISMISSAL

exceeds

impermissible. a

ORDER exceed

trial a

873,253

offense

imposition

the aggravating

the

484, but

impose

(10)

statutory

minimum

fixed

perpetrator

death

may

years

272

court's

GRANTING

Shackelford

The

Where

the

life

requires

a

the

extend

P.3d

P.3d

DENYING MOTION

life

aggravating

penalty,

....

statutory

sentence

fixed,

of

statutory

period

sentencing

circumstance

sentence

a

the

310

417,

"

fixed

For

could

as

lifelong

LC.

or

death

(2011)

claims

of

to

456

far

SUMMARY

minimum

first

for

minimums.

life

§

confinement

a

minimum

never

with

as circumstance

COUNSEL

18-4004.

(2012)

fixed

discretion.

second

penalty

imprisonment.

sentence

degree

(trial

a

that

that

fixed

a

be

life

minimum

(trial

period

the

court

safely

degree

must

murder,

FOR

is

set

term

life

Shackelford's

does

not

not

sentences

See,

court

by

ANALYSIS

beyond

sentence.

acted

be

of

released

of

less sought,

murder).

3

LC.§

require

confinement,

id.;

period

found

imprisonment

Id.

the

properly

than

within

see

a

The

court

18-4004;

for

reasonable

or by

back

of

a

See

also,

sentence,

ten

his

high

a

gravity

confinement a

its

"shall

jury

sentenced

jury,

State

(10)

into

first

State

discretion

may

degree

however,

for

or

years

society,

but

of

impose

v.

degree

a

doubt,

judge

not

v.

first

Adamcik,

the

fixed

is

Windom,

of

a

be

....

of

an

minor,

offense

degree

to

certainty

it

does

murder

or

"the

a

not

less life

is extension

sentence

life

"

the

no

LC.§

less

term,

court

than not

152

sentence

immune

150

murder).

is

nature

way

convictions

than

find

not

that

Idaho

Idaho

ten

18-8004.

clearly

shall

minor

of

an

a

either

of

ten

years,

the

to

with

445,

The

the

to AND

APPOINTMENT jury

first

such received DISMISSAL ORDER not since minimum penalty avoided a bell" demonstrate even avoid of The See, sentencing

272

jury

up

confinement

exceed

P.3d

logical

fails

Windom,

degree

of

a

a

to it

GRANTING

the

Additionally,

on

Shackelford

special

second

seeking

would

a

in

the

a

at

DENYING

the

to

death fixed

period

sentence

this

the

scheme

inference

murder

456.

find

death

prejudice.

aggravating

150

degree proceeding. not

statutory

case.

life

the

greater

penalty:

aggravating

of

Shackelford's

impact

Idaho penalty.

OF

notes

term.

for

SUMMARY

death

confinement

which

this sentences

He

is

MOTION

murder

first

COUNSEL

than

that

Under

disposes

873,

maximum

argues

Either

that

his

A

penalty,

circumstances'.

would

As

degree

In

fixed

a

ten

sentence.

circumstances.

253

conviction

the

a

life

are

addition,

LC.§

argument

the

result,

FOR

that

of

years.

be

of

life

State

P.3d

sentence

without

and

murder.

10

and

State

the

allowed

the

18-4004

sentence

years,

4

310.

that

the

withdrew

remainder

Therefore,

therefore

This

the

allows

State

does is

However,

merit.

special

may

he

minimum

further

See

if

remains

would

In

there

the

is

should

not

is

for

State either

be

compatible

entitled

do

its

jury

proceeding

seek

Shackelford's

a of

imposed

are

include

undermined

Shackelford

fixed

not

notice

his

the

v.

not

sentence

case,

were

two

the

Adamcik,

violate

claims.

same.

to a

be

life

to

death

ways

a

with

Shackelford to

with

able

term

would term

special

seek

find

available,

his

Shackelford

arguments fails

by

The

a

a

to

the

penalty,

152

of

the

minimum

defendant

to

due

in

the

"unring

be

imprisonment

proceeding

statutory

sentences

to

be

his

Idaho

death

pointless,

process fact

imposed.

has

favor

life

or

that

on

the

has

at

the

period

with

may

his

in

484,

do

by

a rights. Because the arguments are meritless, even had appellate counsel presented

they would not have succeeded; therefore, there is no demonstration of

preJudice.

CONCLUSION

None of Shackelford's claims can succeed as a matter oflaw. He has not

made a showing necessary to either have counsel appointed or to secure an

evidentiary hearing. As a result, the State's motion for summary dismissal is

appropriate and should be granted.

For the reasons stated above and good cause appearing,

It is ORDERED that Shackelford's motion for court appointed counsel is ' .

DENIED. LC.§ 19-852(2)(c).

It is FURTHER ORDERED, that the State's Motion for Summary Dismissal

of the Application for Post-Conviction Relief (Idaho Code 19-4901) filed by Dale

Carter Shackelford, is GRANTED.

Dated this 1-t:y of March 2014. ~ l\4v;-- Johh R. Stegner Qistrict Judge

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND GRANTING SUMMARY DISMISSAL 5 CERTIFICATE OF SERVICE

I hereby complete, correct copies of the foregoing order were delivered to:

Dale C. Shackelford #64613 [ --1 U.S. Mail PO Box 70010 [ ] Overnight Mail Boise, Idaho 83707 [ ] Fax [ ] Hand Delivery

William W. Thompson, Jr. [ ] U.S. Mail Prosecuting Attorney [ ] Overnight Mail Latah County Courthouse [ ] Fax Moscow, Idaho 83843 [~ Hand Delivery

James Quinn [ ] U.S. Mail Idaho Department of Correction [ ] Overnight Mail (208) 336-9715 [-}-Fax [ ] Hand Delivery

Central Records [ ] U.S. Mail [email protected] [ ] Overnight Mail [ ] Fax [ ] Hand Delivery

On this t0 day of March 2014.

~JJ. z Llr~&vvJ(!Y\.__ Deputy Clerk

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND GRANTING SUMMARY DISMISSAL 6 Dale #64613 NOTICE P.O.

TO:

NOTICE DALE ATTORNEY v.

STATE

Honorable Court

1

).

Box

THE

Carter

from

ID

The

Appellant.

CARTER

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OF

ICC

70010

OF IS

ABOVE-NAMED

83707

John

above-named

the

Shackelford

IDAHO,

HEREBY

OF

IN

APPEAL

OF

Petitioner

judgment

THE R.

THE

LATAH

SHACKELFORD,

Stegner

Respondent.

DISTRICT

GIVEN

STATE

-

1

entered -

appellant

COUNTY

Appellant,

presiding.

RESPONDENT,

THAT:

OF

in

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appeals

IDAHO,

the

AND

above-titled

CLERK

against

OF

IN

STATE

AND

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the

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OF

action

FOR SECOND

OF

above-named

THE

IDAHO,

Post

NOTICE Case

S.Ct.

on

THE

ABOVE-TITLED

the

Conviction

No.

Docket

JUDICIAL

7th

COUNTY

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record Dale Carter Shackelford #64613 / ICC P.O. Box 70010 Boise, ID 83707

Appellant.

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

DALE CARTER SHACKELFORD, ) Case No. CV-2013-1408 AND ) CV-2001-4272 Petitioner Appellant, ) ) S.Ct. Docket No. ----- ) v. ) ) ) ) MOTION FOR APPOINTMENT ) OF COUNSEL ON APPEAL FROM STATE OF IDAHO, ) SUMMARY DISMISSAL OF PETITION ) FOR POST-CONVICTION RELIEF. ) Respondent. )

COMES NOW THE PETITIOJ\TER APPELLANT, pro se, and moves this Court to appoint counsel in the appeal of the above-styled action. In support, Petitioner Appellant (Appellant) states as follows: 1). That Appellant is incarcerated, and that the Idaho Department of Correction does not provide, or allow prisoners the option of viewing or even purchasing case law (opinions) in the legal resource center(s) located at the various prisons within the state. Further, the legal resource center(s) do not carry or provide access to many of the Idaho Codes (statutes), and there are no annotated copies of Rules Civil/Criminal Procedure, Idaho Appellate Rules, Rules of Evidence, etc. - (Federal or State).

MOTION FOR APPOINTMENT OF COUNSEL ON APPEAL FROM SUMMARY DISMISSAL OF PETITION FOR POST-CONVICTION RELIEF - 1 OF MOTION

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IN THE SUPREME COURT OF THE STATE OF IDAHO

DALE CARTER SHACKELFORD, ) Latah Co. Case No. CV-2013-1408 ) Petitioner Appellant, ) ) S.Ct. Docket No. 42182-2014 ) v. ) ) OBJECTION TO CLERK'S ) CERTIFICATE ) ) STATE OF IDAHO, ) ) ) Respondent. )

COMES NOW THE APPELLANT, pro se, and files an objection to the Clerk's Certificate as

filed with this court on June 12, 2014.

The Clerk's Certificate states that the transcript(s) requested by the Appellant were "not

identified". Further, the Certificate indicates that the request for the transcripts were not served upon

the Reporter (Certificate at page 2).

Appellant hereby states that the request(s) for transcripts as made within the Notice of Appeal

were clear and distinct; specifically:

OBJECTION TO CLERK'S CERTIFICATE - 1 OBJECTION

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DISMISSAL DISMISSAL

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appears appears

11 11

CLERK'S CLERK'S

STATE STATE

V. V.

DALE DALE

and and

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DAYS DAYS

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appeal appeal

IS IS

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the the

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district district

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shall shall

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Dale Dale

PETITIONER-APPELLANT'S PETITIONER-APPELLANT'S

OF OF

event event

Carter Carter

is is

17 17

Ref. Ref.

Latah Latah

the the

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this this

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Shackelford Shackelford

County County

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14-294 14-294

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DISMISSED DISMISSED

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OBJECTION OBJECTION

not not

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42182-2014 42182-2014

to, to,

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whom whom

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CLERK'S CLERK'S

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· · Ill Ill Ill II

.11 DATED this~ day of July, 2014.

cc: Dale Carter Shackelford, pro se Counsel of Record District Court Clerk Court Reporter Sheryl Engler District Judge John R. Stegner

ORDER-Docket No. 42182-2014 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT

OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF LATAH

DALE CARTER SHACKELFORD, ) Case No. CV-2013-1408 ) Petitioner, ) ) JUDGMENT vs. ) ) STATE OF IDAHO, ) ) Respondent. ) ------~> ) JUDGMENT IS ENTERED AS FOLLOWS: Dale Shackelford's

Petition is DISMISSED with prejudice. -f'L-- DATED this '2'1 day of July 2014.

JonRStegner District Judge

JUDGMENT 1 CERTIFICATE OF SERVICE

I do hereby certify that full, true, complete, and correct copies of the foregoing order were delivered to:

PETITIONER'S ATTORNEY: Dennis Benjamin / U.S. Mail PO Box 2772 E-Mail: db(a),nbrnlaw.corn Boise, ID 83702 Fax:

RESPONDENT'S ATTORNEY: William W. Thompson, Jr. U.S. Mail Prosecuting Attorney E-Mail: 1 Latah County Courthouse -- F.g:-t{()_,,0 Moscow, Idaho 83843

On this J,1 day~ofJuly 2014. cl 11

I (} (} I,", J)If i J'{/\.,"---/'/ By: ---t- ... ---;,-,'\_).'-CJ'.__·__ v_\,{)LJ(_,L__ ..;_, Deputy Clerk

JUDGMENT 2 Jul 28 2014 3:38PM Nevin Benjamin,McKav&Bart 208 345 8274 pa e ?

Dennis Benjamin ISBA# 4199 N'EVIN, BENJAMIN, McKAY & BARTLETT LLP P.O. Box2772 303 W. Bannock Boise, Idaho 83701 {208) 343-1000 [email protected]

Attorneys for Petitioner-Appellant

IN THE DISTRICT COURT FOR THE SECOND JUDICIAL DISTRICT OF

THE STA TE OF IDAHO, IN AND FOR THE COUNTY OF LAT AH

DALE CARTER SHACKELFORD, ) ) Petitioner-Appellant, ) CASE NO. CV-2013-1408 ) vs. ) AMENDED NOTICE OF APPEAL ) STATE OF IDAHO, ) ) Respondent. )

TO: TIIE ABOVE NAMED RESPONDENT, State of Idaho, AND ITS ATTORNEY, the Ada County Prosecutor, AND THE CLERK OF THE ABOVE ENTITLED COURT.

NOTICE IS HEREBY GIVEN THAT:

1. The above named Appellant, Dale Shackelford, appeals against the above named Respondent to the Idaho Supreme Court from the final judgment denying Appellant's petition for 1 post-conviction relief, entered in the above entitled action on the 24 h day of July, 2014, the Honorable John R. Stegner, presiding.

2. That the party has a right to appeal to the Idaho Supreme Court, and the judgments or orders described in paragraph 1 above are appealable orders under and pursuant to Rule l l(a){l) I.A.R.

3. A preliminary statement of the issues on appeal is listed below which the Appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the Appellant from asserting other issues on appeal.

l .. AMENDED NOTICE OF APPEAL ORIGINAL

Jul Jul

28 28

2014 2014

2 2

admitted admitted

addition addition

.. ..

AMENDED AMENDED

3:38PM 3:38PM

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actions:

07/24/2014 07/15/2014

07/17/2014 07/03/2014

0610612014 0711712014 0612712014 0412312014

03/21/2014 0410712014

0310712014

01/28/2014

0112812014

01/14/2014

01/13/2014 0111312014

01/17/2014 0111312014 Date

12/06/2013 12/06/2013

12/06/2013

12/09/2013

0712412014 Date

Subjects:Shackelford,

Judgment:

Order S.C. S.C Certificate S.C. S.C.

Objection Dismlssal Hear~ng Heanng

Motion

Order Notice 2760, Motion Summary Shackelford Dismissal Amount:

Court Hearing Minutes of Hearing Order District Hearing Application

pending Hearing New District FIiing:

of

Notice Dale

Type

Judgment

w/Prej.

Dismissal

Transcript

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District

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Shackelford

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Latah

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208-331·2760,

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0209638

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Dale

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Found.

01/28/2014 of

by 01/28/2014

09:30

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vs.

(Subject) State

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Jeff

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12/9/2013

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Respondent Honorable

County

NEVIN,

Attorneys P.O.

Boise,

ISBA#4199 Dennis 303

(208)

[email protected]

TO:

STATE

vs.

DALE

AMENDED

Appellant

NOTICE

intends W.

Box

343-1000

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described

Idaho

3.

2.

Prosecutor,

Benjamin

Bannock

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BENJAMIN,

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in Sheryl L. Engler, Latah County Courthouse, P.O. Box 8068, Moscow, ID 83843

(b) That the Appellant is exempt from paying the estimated transcript fee because the Court has previously found him to be indigent.

( c) That the Appellant is exempt from paying the estimated fee for the preparation of the record because the Court has previously found him to be indigent.

( d). That Appellant is exempt from paying the appellate filing fee because there is no filing fee for post-conviction petitions and because the Court has previously found him to be indigent

·( e) That service has been made upon all parties required to be served pursuant to Rule 20 (and the attorney general of Idaho pursuant to Section 67-1401(1), Idaho Code).

DATEDTIIlS :;2t'day of July, 2014.

Dennis Benjamin Attorney for Dale Sbacke

3 • AMENDED NOTICE OF APPEAL 4,.

to: document

P.O. L. Boise, _j_mailed Latah Capital·Litigation P.0:Box Criminal Moscow, Latah Moscow; Latah P.O~ Official Sheryl I

CERTIFY

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the

foregoing TO: Clerk of the Court 0 Idaho Supreme Court P.O. Box 8372 Boise, Idaho 83720-0101 208-334-2616 LATAH COUNTY NO. CV-2013-1408 DOCKET NO. 42182-2014 ( Dale Carter Shackelford, Petitioner/Appellant IV. f State of Idaho , ( Respondent.

NOTICE OF TRANSCRIPT LODGED

Notice is hereby given that on September 4, 2014, I lodged in person a transcript consisting of a total of 36 pages for the following proceedings: Status Conference, January 13, 2014 Motion Hearing-January 28, 2014 with the District Court Clerk of the County of Latah in the Second Judicial District. Also, I sent to by e-mail a copy of the same transcript to [email protected]. STATE

vs. ______DALE Transcript and District by 2014, said

CLERK'S

.

Rule

IN

the

Court

in

CARTER

Plaintiff/

Defendant/ I,

IN

THE

OF

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of

31(a)(3), accordance Transcript

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WITNESS

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IDAHO, of at

CERTIFICATE

STATE

Moscow,

the

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SHACKELFORD,

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