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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). Idaho 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
MCKAY,
of
District
Latah
IDAHO,
HONORABLE
COURT
CLERK'S
&
Court
BARTLETT
,
OF
IN
RECORD
District
of
AND
THE
) ) )
)
) ) the )
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JOHN
Second
Judge
SECOND
LLP
FOR
SUPREME
ON
R.
THE
STEGNER
Judicial
APPEAL
LA
POBOX83720
ATTORNEY
BOISE, ATTORNEY
JUDICIAL
COUNTY
WREN
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District
ID
CE
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NO.
GENERAL
FOR
of
WASDEN
DISTRICT
OF
the
LATAH
RESPONDENT
42182-2014
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
Minutes
Minutes Setting
Denying
Granting
(July of
of
of
7,
for
Certificate Certificate
of
OF
Filing
Appeal
2014)
Transcript
to
to
(July
Actions Notice
of Appointment
for
CONTENTS
15,
Clerk's
Order
of
Hearing
Service
(January
(January
Post-Conviction
2014)
Motion
......
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24,
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Motion
(March
of
(December Re:
......
2014)
of
Relief
Certificate
Appeal
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......
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Conditional
of
Exhibits
for
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28, for
17,
(December
...... All
21,
of
(April
Appointment
2013)
2014)
Appointment
Counsel
2014)
(July
2014)
Pending
(September
6,
......
(June TABLE
Relief
2013
7, Status
Motion
......
28,
......
Dismissal
2014)
6,
on
23,
2014)
- Motions
(Idaho
2013)
OF September
Conference
Appeal
2014)
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of
4, Hearing
of
......
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2014) Counsel
......
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(August
Code
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From
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by
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by
and
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Telephone
14,
2014)
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Granting
2014)
with
......
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......
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Summary
Motion
3,
2014)
for
of
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Petition
......
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.21
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Application Certificate Appointment Clerk's
Clerk's
Court
Court
Judgment
for
Motion
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Order Order (March Order
Register
Response
INDEX
Post-Conviction
Minutes
Minutes
Setting Granting (July Denying
of of
of Certificate Certificate
for
7,
of
Transcript Appeal Filing
Notice
2014)
to (July
to of
Appointment
Actions
for
15,
Clerk's
Order Service
of
Hearing
(January
(January
Post-Conviction
2014)
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...... Counsel
(January
Motion
of
(March
Re:
......
2014)
of
Appeal
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Relief
Certificate
......
Lodged
......
Exhibits
Conditional
of
for
13,
28,
for
......
(December
17,
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All
(April
Appointment
2013)
2014)
(July
Appointment Counsel
2014)
2014)
(September
Pending
......
6,
(June
Relief
28, 7,
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Motion
2013
......
......
Dismissal
2014)
2014)
6,
on
23,
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2013) -
INDEX
Appeal
Conference
September
2014)
......
4,
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of
of
2014)
Counsel
......
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(August
Code
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Summary l,
2014)
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2014)
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2014)
with
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Summary
3,
2014)
for
of
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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
6/6/2014
7/1/2014
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10/3/2014
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Motion 06/06/2014 Conviction from Notice
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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
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Case:
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vs
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State
CV-2013-0001408
Of
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Idaho,
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the
on
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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at at
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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, United States 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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COUNSEL;" COUNSEL;"
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Carter Carter
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motions motions
Subject Subject
STATE STATE
======---=====----======---=====----======
Date: Date:
DALE DALE
District District
these these
of of
Judicial Judicial Odenborg Odenborg
Court Court
Mr. Mr.
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This This
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CARTER CARTER
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SHACKELFORD, SHACKELFORD,
-1 -1
the the
STATE STATE
DISTRICT DISTRICT
in in
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cases, cases,
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underlying underlying
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argued argued
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CV-2001-4272 CV-2001-4272
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Court Court
written written
December December
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is is
the the
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
Due
new
from
that
State
the
the
210,
new,
Any
reliefproceeding.
State
and
Process
proceeding,
petition,
a
finding
raising exceed
v.
766
new
OF
makes
SUMMARY
and
assistance
of
issue
Beam,
may
MOTION
v.
for
res
P.2d
COUNSEL
issue
Yakovac,
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
There
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).
the
n.
cases:
482
doubt
a
earlier.
led
sentences
1,
the
United
subsequent
is
966
imposed
exception
to
(2008).
civil
it
but
above
are
about
the
bars
Beam,
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
I
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
COURT
appeals
IDAHO,
the
AND
above-titled
CLERK
against
OF
IN
STATE
AND
THE
the
) ) ) ) ) ) ) ) ) ) ) ) ) )
OF
action
FOR SECOND
OF
above-named
THE
IDAHO,
Post
NOTICE Case
S.Ct.
on
THE
ABOVE-TITLED
the
Conviction
No.
Docket
JUDICIAL
7th
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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
Moscow,
Latah P.O.
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Carter Carter
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FOURTEEN FOURTEEN
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DISMISSAL DISMISSAL
DENYING DENYING
appears appears
11 11
CLERK'S CLERK'S
STATE STATE
V. V.
DALE DALE
and and
appealable appealable
Respondent.· Respondent.·
Petitioner-Appellant, Petitioner-Appellant,
as as
In In
Shackelford Shackelford
IT IT
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IT IT
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CARTER CARTER
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OF OF
are are
FURTHER FURTHER
FURTHER FURTHER
HEREBY HEREBY
CERTIFICATE CERTIFICATE
Carter Carter
TO TO
A A
CERTIFICATE CERTIFICATE
A A
Shackelford Shackelford
with with An An
Supreme Supreme the
why why
MOTION MOTION
Notice Notice
(14) (14)
IDAHO, IDAHO,
entered entered
REPLY REPLY
requested. requested.
Order Order
RESPONSE RESPONSE
OBJECTION OBJECTION
CLERK'S CLERK'S
the the
judgment judgment
this this
No. No.
Shackelford Shackelford
DAYS DAYS
54(a);. 54(a);.
by by
shall shall
SHACKELFORD, SHACKELFORD,
of of
provisions provisions
of of
42182-2014 42182-2014
appeal appeal
IS IS
date(s) date(s)
by by
TO TO
IS IS
IS IS
FOR FOR
Appeal Appeal
on on
this this file file
ORDERED ORDERED
District District
FROM FROM STATE'S STATE'S
however, however,
ORDERED ORDERED
ORDERED ORDERED
or or
CERTIFICATE CERTIFICATE
June June
be, be,
was was
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Court. Court.
should should
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TO TO
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TO TO
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AMENDED AMENDED
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18, 18,
July July
Judge Judge
title(s), title(s),
THE THE
Idaho Idaho
CLERK'S CLERK'S
PETITIONER-APPELLANT'S PETITIONER-APPELLANT'S
hereby hereby
from from
2014. 2014.
RESPONSE RESPONSE
proceed. proceed.
Appellant. Appellant.
in in
by by
that that
1, 1,
Court Court
that that
that that
DATE DATE
the the
counsel counsel
John John
Appellate Appellate
2014. 2014.
which which
and and
is, is,
Appellant Appellant
with with
this this
NOTICE NOTICE
district district
proceedings proceedings
DENIED. DENIED.
CERTIFICATE CERTIFICATE
R. R.
shall shall
In In
OF OF
a a
OF OF
Dale Dale
for for
appeal appeal
Stegner Stegner
Exhibit Exhibit
Notice Notice
TO TO
the the
) ) ) )
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show show
THIS THIS
of of
· ·
Respondent Respondent
court court
COUNSEL COUNSEL
Dale Dale
PETITIONER-APPELLANT'S PETITIONER-APPELLANT'S
OF OF
event event
Carter Carter
is is
17 17
Ref. Ref.
Latah Latah
the the
ORDER ORDER
Supreme Supreme
of of
service service
APPEAL APPEAL
on on
A A
ORDER ORDER
in in
on on
CONDITIONALLY CONDITIONALLY
Carter Carter
including, including,
Appeal Appeal
this this
attached attached
March March
this this
No. No.
March March
was was
Shackelford Shackelford
County County
on on
State State
appeal appeal
upon upon
AND AND
14-294 14-294
Court Court
appeal appeal
Shackelford's Shackelford's
to to
June June filed filed
with with
may may
OBJECTION OBJECTION
7, 7,
21, 21,
was was
but but
file file
the the
No. No.
2014, 2014,
GRANTING GRANTING
continues, continues,
Docket Docket
the the
be be
24, 24,
by by
not not
2014, 2014,
shall shall . .
a a
reporter(s) reporter(s)
filed filed
2013-1408 2013-1408
filed filed
of of
'District 'District
shall shall
2014. 2014.
RESPONSE RESPONSE
Appellant Appellant
was was
limited limited
by by
No. No.
DISMISSED DISMISSED
be be from from to to pursuant OBJECTION OBJECTION not not be be Appellant Appellant TO TO Appellant Appellant SUSPENDED SUSPENDED Court Court 42182-2014 42182-2014 to, to, OBJECTION OBJECTION of of SUMMARY SUMMARY the the ALLOWED ALLOWED filed filed Dale Dale whom whom listing listing CLERK'S CLERK'S with with ORDER ORDER Clerk Clerk from from I.AR. I.AR. Carter Carter Dale Dale as as Dale Dale this this the the the the TO TO in in it it a a · · 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 8. 8. 7. 7. 6. 6. 5. 5. 4. 4. .. .. '"Did '"Did to to as as Did Did I I The The The The Transcript: Transcript: No No those those certify: certify: exhibits exhibits Nevin Nevin the the the the a a (a) (a) All All Appellant Appellant • • • • • • order order • • Appellant Appellant • • of of • • (b) (b) (a) (a) NOTICE NOTICE transcript transcript automatically automatically Benjamin,McKav&Br1rt Benjamin,McKav&Br1rt Court Court Court Court the the exhibits exhibits That That A A The The to to sealing sealing reporter's reporter's reporter's reporter's July July March March Granting Granting December December pages). pages). January January pages). pages). January January be be January January a a Appellant Appellant err err err err requests requests copy copy OF OF requests requests copied copied has has 24, 24, offered offered in in in in any any APPEAL APPEAL 27, 27, summarily summarily denying denying been been 2014, 2014, of of 28,. 28,. 13, 13, 13, 13, transcript transcript included included transcript transcript Summary Summary portion portion and and 2014 2014 6, 6, this this the the requests requests the the 2014, 2014, 2014, 2014, and/or and/or 2014 2014 requested requested 2013 2013 208 208 Judgment. Judgment. sent sent notice notice following following following following Petitioner's Petitioner's - Order Order of of - Rule Rule hearing, hearing, 345 345 hearing hearing dismissing dismissing - in in is is admitted admitted to to Dismissal; Dismissal; Order Order Application Application the the the the requested. requested. both both of of the the as as 8274 8274 28, 28, Denying Denying record record preparation preparation appeal appeal documents, documents, named named Supreme Supreme documents documents setting setting reported reported hard hard reported reported I.A.R: I.A.R: motion motion at at the the and and the the has has copy copy has has for for below below hearing hearing Motion Motion petition? petition? evidentiary evidentiary been been Court: Court: by by been been for for by by of of Post-Conviction Post-Conviction and and to to charts, charts, Sheryl Sheryl the the Sheryl Sheryl appointment appointment at at be be issued. issued. served served Appointment Appointment electronic electronic on on pa pa the the following following included included all all or or L. L. address address L. L. hearing. hearing. pictures pictures pending pending on on Engler Engler Engler Engler each each format: format: in in of of portions portions Relief; Relief; set set the the of of counsel? counsel? (less (less offered offered (less (less motions; motions; reporter reporter out out Counsel Counsel clerk's clerk's than than below: below: than than or or of of record record 30 30 30 30 and and whom whom in in Jul Jul 28 28 2014 2014 3 3 • • AMENDED AMENDED 3:39PM 3:39PM DATED DATED Nevin Nevin NOTICE NOTICE Code). Code). Rule Rule (e) (e) found found no no (d) (d) preparation preparation indigent. indigent. (c) (c) the the (b) (b) Shery] Shery] THIS THIS Benjamin,Mc Benjamin,Mc filing filing That That Court Court That That That That That That 20 20 him him L. L. (and (and service service fee fee Appellant Appellant OF OF the the the the ;2'3:! ;2'3:! has has Engler, Engler, to to of of for for APPEAL APPEAL Appellant Appellant the the "'1<8;,rt "'1<8;,rt be be Appellant Appellant previously previously the the post-conviction post-conviction indigent. indigent. has has attorney attorney day day Latah Latah record record is is 208 208 been been Attorney Attorney Dennis Dennis of of exempt exempt is is is is County County July, July, 345 345 found found because because general general made made exempt exempt exempt exempt Benjamin Benjamin 2014. 2014. 8274 8274 from from for for him him upon upon Courthouse, Courthouse, petitions petitions ofldaho ofldaho from from the the from from Dale Dale paying paying to to all all Court Court be be paying paying paying paying Shackel Shackel parties parties and and indigent. indigent. pursuant pursuant the the has has P.O. P.O. because because appellate appellate the the the the previously previously required required pa pa Box Box estimated estimated estimated estimated to to the the Section Section 8068, 8068, filing filing to to Court Court found found be be fee fee transcript transcript Moscow, Moscow, fee fee served served 67-1401(1), 67-1401(1), for for has has him him because because the the previously previously pursuant pursuant to to fee fee ID ID be be there there 83843 83843 because because Idaho Idaho to to is is Jul Jul 28 28 2014 2014 4 4 to: to: • • document document AMENDED AMENDED 3:40PM 3:40PM P.0; P.0; Boise, Boise, Capital Capital Criminal Criminal L. L. Moscow, Moscow, P.O. P.O. Latah Latah Official Official Sheryl Sheryl Moscow, Moscow, P.O. P.O. Latah Latah Latah Latah _j_mailed _j_mailed I I CERTIFY CERTIFY LaMont LaMont to to Nevin Nevin Box Box faxed faxed hand hand Box Box Box Box County County be: be: ID ID County County County County L. L. NOTICE NOTICE Litigation Litigation Court Court Law Law 83720 83720 ID ID 83720-0010 83720-0010 Benjamin,Mc Benjamin,Mc Engler Engler 8068 8068 ID ID 8068 8068 delivered delivered Anderson Anderson 83843 83843 that that 83843 83843 Courthouse Courthouse Division Division Courthouse Courthouse Prosecuting Prosecuting Reporter Reporter OF OF on on Unit Unit July~ July~ APPEAL APPEAL "Jl,.8;,~+ "Jl,.8;,~+ CERTIFICATE CERTIFICATE Attorney Attorney 208 208 2014, 2014, 345 345 I I 827 827 caused caused 4 4 OF OF a a SERVICE SERVICE true true and and pa pa correct correct copy copy of of the the foregoing foregoing judgment the filed Judgment. Judgment. DALE Attorneys NEVIN, Dennis ISBNo.4199 1 STATE [email protected] P.O. (208) Boise, 303 (208) - RESPONSE following W. Box an 343-1000 345-8274 ID CARTER Consequently, Even Comes Respondent. Petitioner-Appellant, Benjamin Bannock Amended OF BENJAMIN, 2772 or 83701 for See See IDAHO, order, though Appellant in now Register Exhibit (f) TO response SHACKELFORD, Notice IN there Appellant ORDER the THE the McKAY B March of was of to appeal (copy Actions SUPREME Appeal, the no OF Dale 21, & Court's of such should CONDITIONAL BARTLETI Amended 2014, (attached Shackelford, in order compliance COURT Order not Notice until be ) ) ) ) ) ) ) ) ) Notice hereto of dismissed. LLP OF July of through Conditional DISMISSAL Appeal with THE as of 23, Exhibit Appeal). I.A.R. 2014, counsel STATE does No. CONDmONAL RESPONSE (Latah Dismissal A). when 17, not 42182-2014 Dennis OF Co. from Mr. list the IDAHO No. Shackelford a dated the July TO district Benjamin, final, 2013-1408) ORDER DISMISSAL July appealable court 23, 14, and has 2014, OF filed 2014. i submits now a 2 - RESPONSE Respectfully TO submitted ORDER OF this21 CONDITIONAL Dennis Attorney r} day of Benjamin for July, Dale DISMISSAL 2014. Shackelford document to: 3 - RESPONSE -1.mailed I P.O. Boise, Office L. Capital CERTIFY LaMont to hand faxed Box be: of ID Litigation TO the delivered 83720 83720-0010 Anderson that Idaho ORDER on Unit Attorney July OF ti: CERTIFICATE CONDITIONAL General 2014, I caused OF DISMISSAL a SERVICE true and correct copy of the foregoing 1 ,--- l , 1_ : of Disposition: Register Case:CV-2013-0001408 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 Transcript .. District - - - -Transmittal Case Dale Carter Order Response Letter, Minutes Granting Denying ext Setting HlO Of of for for Court Court Vacated result hearing Scheduled result Scheduled result motions $.00 FIiing Appeal of Dismissal to of 20872 Carter Appointment Appointment Filed - for DISMISSED (subject) 208-331-2760, Petition Post-conviction Petition Record Disposition Date Pages Pages Change Hearing Hearing (Cash) Hearing Filed: .Motion for for Post for Motion - to of Rule by Dale Post Shackelford, of Attention Dale Motion Motion Cases Petitioner-Appellant's all (Motion (Attention for Conviction for TCC Document 12/06/2013 for for For: Receipt of Held 16 pending Held for Conviction of Carter for this this Carter of of Post Assigned Post Type Disposition Shackelford All scheduled scheduled for: Appointment Shackelford, Appointment Counsel Counsel Court Court hearing 01/28/2014 hearing ext scheduled Pending act Conviction Conviction number: 6 Shackelford 06/06/2014 Case Relief motions - Shackelford, Plaintiff 20872 proceedings Cases Letter Reporter: Reporter: Relief Attorney Latah on on Subtype: estimated: estimated: on on Carter Shackelford, Parties Motions History 208-331·2760, Appeal Appeal 0209638 on Dale of from Found. 01/28/2014 of by 01/28/2014 09:30 Relief Relief vs Objection Counsel 06/06/2014 Counsel TCC 08:00 vs. (Subject) State Sheryl Sheryl Carter Dale Paid Dale Relief Conviction Post from from AM} Jeff Shackelford less less Dated: AM) Shackelford, Dale Of by: and L L. carter hearing on Appeal Summary Summary (subject) to Crouch 09:30 than than 09:30 Idaho, Engler Engler ext Rule Shackelford, Clerk's 08:00 Granting 12/9/2013 20872 40 30 AM: 16 AM: Dismissed of 208-331- Number Number Defendant pages pages In AM: all Judge: and Court Favor Of John Stegner R, Status, . 0712412014 Closed I I I 1 1 1 1 _ 1 then the 1 orders post-conviction I.AR. Respondent Honorable County NEVIN, Attorneys P.O. Boise, ISBA#4199 Dennis 303 (208) TO: • STATE vs. DALE AMENDED Appellant NOTICE intends W. Box 343-1000 THE described Idaho 3. 2. Prosecutor, Benjamin Bannock 1. BENJAMIN, CARTER IN 2772 A That OF for John The ABOVE to to preliminary TIIE IS THE from 83701 Petitioner-Appellant IDAHO, the assert the above relief, NOTICE HEREBY R. in Respondent. Petitioner-Appellant, DISTRICT Idaho asserting party STATE Stegner, paragraph SHACKELFORD, AND NAMED in named entered McKAY the Supreme statement has THE OF GIVEN appeal; OF presiding. other a Appellant, APPEAL 1 COURT in right RESPONDENT, IDAHO, CLERK above & the Court issues BARTLETI 11IAT: of provided, to above the are appeal FOR. OF from Dale IN on issues appealable entitled Ai.'ID THE appeal. TIIE any to Shackelford, the ) ) ) ) ) ) ) ) ) LLP on the State ABOVE such final FOR SECOND appeal action Idaho orders ofldaho, judgment list TIIB AMENDED CASE on Supreme is ENTI'ILED of appeals under listed JUDICIAL COUNTY the issues AND NO. 24th denying and below against Court, on day CV-2013-1408 ITS pursuant NOTICE appeal COURT. OF DISTRICT of which Appellant's ATTORNEY, and the LATAH July, shall above the to the OF 2014, judgments Rule not Appellant OF named APPEAL petition prevent the 11 the (a)(l) Ada or for - • 2 admitted addition AMENDED 8. 7. 4. 6. .. 5. "Did to Did as The I No The Transcript: those certify: exhibits the the order a (a) All Appellant of • • • (b) • • (a) • Appellant NOTICE transcript Court Court automatically the exhibits That A The sealing to reporter's reporter's July March January pages). December pages). Granting January January be err err Appellant a requests requests copy OF copied has in 24, offered any summarily denying 27, APPEAL been 28, 13, 2014, transcript of transcript included 13, portion Summary 2014 6, and this requests the the 2014, 2014, and/or 2014 2013 requested Judgment. sent Petitioner's following following notice - of dismissing Order Rule hearing hearing, - in.both is - admitted Dismissal; Order to the the Application requested. the of 28, record as preparation Denying appeal documents, documents Supreme setting reported named hard reported I.A.R: motion at the has and the copy has for petition? Motion hearing below been for evidentiary by Court: by of been Post-Conviction and to charts, Sheryl appointment the Sheryl be issued. at electronic Appointment served on following the included all or L. L. address hearing. pending pictures Engler on Engler format: each of in portions Relief; counsel? set the of {less (less offered motions; reporter out Counsel clerk's than than below: or record of 30 30 and whom 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 La.Mont to band faxed Box Box be: County County Co ID L. Court NOTICE unty Law Engler ID 83720 ID delivered 8068 8068 83720.0010 .. Anderson that 83843. 83843 ~ Courthouse Courthot1$C Division. Reporter . on Unit OF July APPEAL 2J.., CERTIFICATE ~·~.1 A~~.;_ 2014, I caused OF a SERVICE true and correct copy of 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 THE of 31(a)(3), accordance Transcript Ranae WITNESS the IDAHO, of at CERTIFICATE STATE Moscow, the DISTRICT State Converse, Respondent, SHACKELFORD, IAR. Status Appellant. of with of OF WHERE the Idaho Idaho, Conference the IDAHO, Motion COURT Deputy RE: Appellate thr~ in EXHIBITS and Hearing Court t~ve OF IN by for AND day Rules Telephone THE Clerk ) ) ) ) ) ) ) ) ) ) Susan the District hereuJrto by of - County SECOND and FOR Telephone of 1 LV Supreme R. CLERK'S RE: Deputy Court, the c will Petersen, ft!) Conference THE ,set~[ EXHIBITS District of bu be Latah Latah, Clerk JUDICIAL Court Conference COUNTY lodged CERTIFICATE Clerk hand Court County, do held No. , as of 20H. and hereby of 42182-2014 the exhibits on DISTRICT OF held the affixed ID January LATAH Second certify on as January the provided 13, OF that Judicial seal 2014, the 28, of STATE OF ______Supreme DALE clerk's District said CLERK'S vs. Court IN CARTER Plaintiff/ Defendant/ I, IN record of THE THE Ranae Court WITNESS the at IDAHO, CERTIFICATE Moscow, STATE in State DISTRICT Converse, as Respondent, SHACKELFORD, the required Appellant. of above WHEREOF, OF Idaho Idaho, Deputy COURT IDAHO, by entitled - this in 1 Rule and Court I 31 OF IN cause have for of AND THE Clerk ) ) ) ) ) ) the ) ) ) ) ) Susan By District the and hereunto of Idaho --'--""-...... --...... ___, Deputy County FOR SECOND of will R. Supreme CLERK'S Court, Latah the Petersen, Appellate THE be set Clerk District of duly my Latah, JUDICIAL Court COUNTY CERTIFICATE Clerk lodged hand Court Rules. County, do Case of and hereby of with OF DISTRICT the No. the ID affixed LATAH the 42182-2014 Second certify Clerk the OF that Judicial seal of the the of STATE ______DALE States the Moscow, CERTIFICATE State IN mail, CARTER Plaintiff/ Defendant/ I, 303 NEVIN, DENNIS BOISE, THE IN OF THE Ranae of Idaho WITNE_S~/\"XflEREOF, WEST IDAHO, one Idaho, STATE vs. DISTRICT ID Converse, BENJAMIN, copy Respondent, thrs~ay SHACKELFORD, BENJAMIN OF BANNOCK 83701 Appellant. in SERVICE of OF and the IDAHO, COURT Deputy for Clerk's MCKAY of the County Court (fav~ Record OF IN If & t{h,x:J] AND THE BARTLETT Clerk ) ) ) ) ) ) ) ) ) ) h1reunto of to Latah, each SECOND FOR of Supreme CERTIFICATE Susan District the of set do THE LLP , the District 20tt. ~Y, R. hereby Deputy Court, attorneys JUDICIAL Court Petersen, COUNTY hand Court certify Latah Clerk Case OF and of Clerk of SERVICE affixed record LAWRENCE ATTORNEY POBOX83720 BOISE, No. DISTRICT OF County, that the of LATAH Second I 42182-2014 the in have the ID ID this seal 83720-0010 OF mailed, Judicial GENERAL cause WASDEN of said as by District follows: Court United of at