Discovery of Exculpatory Evidence by Federal Habeas Counsel Came Too Late to File Successive State Post-Conviction in Capital Case

The Court held today that a successive state post-conviction filed in a capital case by federal habeas counsel after their expert alerted them to exculpatory biological evidence was too late. "A defendant filing a successive petition must show the existence of an issue that he could not reasonably have known of and support the petition with new material facts. I.C. § 19-2719(5)."

The court first found that trial counsel, who had expert assistance, should have realized the importance of the evidence prior to trial. Second, it found the biological evidence was not conclusive evidence of actual innocence and the test results were not material.

Accordingly, the Court dismissed the appeal. Rhoades v. State, http://www.isc.idaho.gov/opinions/Rhoades..pdf