Friday's Arguments

The Court hears three cases today, one of which is a criminal case.

To read the Court's Press Releases on the civil cases, click here: http://www.isc.idaho.gov/ISC_PressRelease_12.11.09.pdf

The criminal case is another appeal from the summary dismissal of a post-conviction petition. The summary below is an abbreviated version of the press release.

In Schoger v. State, Ms. Schoger was charged with the 10 year mandatory minimum version of trafficking in methamphetamine (400 grams or more). The state agreed to amend the charge to the 5 year version (at least 200 grams) and to recommend the mandatory minimum.

At the change of plea hearing, however, the Court did not accept the proffered plea because Schoger, while admitting she had 56 grams of methamphetamine on her person and that there was some other methamphetamine in a bedroom at a house she shared with her boyfriend, told the judge that she had not intended to exercise control over the methamphetamine. The Court also refused to accept a proffered Alford plea. A jury later found her guilty of the 10 year charge.

On post-conviction, Ms. Schoger alleges that trial counsel provided ineffective assistance of counsel by failing to explain "the factual and legal basis necessary to plead guilty," and that appellate counsel provided ineffective assistance of counsel by failing to argue that the district court abused its discretion by rejecting Schoger’s guilty plea.