November Argument Preview

The Court is going to hear argument in three criminal cases in November. The following summaries are taken in large part from the Supreme Court's press releases but have been modified. The full press releases can be found at: http://www.isc.idaho.gov/scterms.htm

November 5, at 10:00 (Twin Falls): State v. Wegner.

This is a case involving a question of adult court jurisdiction over a juvenile and when the lack of jurisdiction may be asserted. A juvenile petition was filed against the appellant, charging him with two counts of lewd conduct with a minor under the age of sixteen. The charging periods included time when the juvenile was 13 and 14 years old. Juvenile jurisdiction was waived and he was charged as an adult. He later entered guilty pleas but never admitted that he was 14 at the time of the offenses. He appealed, but the judgment and sentence was affirmed.

Two and one-half years later, he filed a pro se motion to withdraw guilty plea under I.C.R. 33(c), arguing that the adult court did not have jurisdiction over him because lewd conduct is not one of the offenses for which 13 year olds can be tried as adults. The district court denied the motion believing that that it lacked jurisdiction. On appeal, he argues that the district court had jurisdiction to consider his Rule 33 motion, and that the district court did not have jurisdiction to enter judgment and sentence him as an adult.

November 9 at 11:10 (Boise): Melton v. State.

This is an appeal from an order summarily dismissing a successive petition for post-conviction relief. Appellant was convicted and sentenced for lewd conduct and his sentence was affirmed on direct appeal. He then filed a post-conviction petition which was denied. His appeal was eventually dismissed. Thereafter, appellant filed a successive petition alleging that his post-conviction counsel in the previous proceeding had failed to properly apprise the district court of the claims intended to be asserted and failed to present the necessary evidence to prove those claims. The district court summarily dismissed his successive petition, presumably for being untimely.

On appeal, he argues that the district court erred in summarily dismissing his successive petition because the failure to fully develop the claims in his first post-conviction should be excused due to deficient performance on the part of post-conviction counsel. Further, the district court erred by failing to rule upon his motion for appointment of counsel.

November 12 at 8:50 (Boise): Stuart v. State.

This is an appeal from a district court’s dismissal of a fourth petition for post-conviction relief.

Appellant was convicted in 1982 of murder and was sentenced to death. The conviction was affirmed during the combined post-conviction/direct appeal procedure unique to capital cases. During the trial, direct appeal, and his first petition for post-conviction relief, Stuart was represented by the same attorney. Appellant later filed this successive post-conviction petition which was dismissed by the district court as untimely under I.C. § 19-2719.

Appellant argues that statute is inapplicable as it cannot be applied retroactively to his case for several reasons. Further, since I.C. § 19-2719 does not apply, the district court erred in summarily dismissing his petition.