Wednesday, December 2, 2009

Today's Docket

The Court will hear argument in three cases today. Ridgley v. State, an appeal from the summary dismissal of a post-conviction petition, is the only criminal case on the docket.

Ridgley's petition alleged, inter alia, that his attorney did not provide effective assistance of counsel because counsel failed to consider whether Ridgley’s severe grief and depression rendered him incompetent or unable to make a rational decision about pleading guilty. Ridgley's wife had died just 16 days prior to the entry of the guilty plea.

The COA concluded that the district court erred in dismissing this claim as "Ridgley’s evidence is sufficient to raise a genuine issue of fact regarding his emotional state and the competence of the lawyer’s representation of Ridgley in light of the alleged emotional state. Although it might well be said that nearly any criminal defendant will be somewhat depressed at facing the possibility of conviction of a serious crime, there is evidence here from which it could be found that Ridgley’s level of depression was far more consequential than the typical emotional distress at facing prosecution." The COA reversed the dismissal in part and remanded the case for further proceedings on this claim, but the state's petition for review was granted.

The COA opinion can be found here: http://www.isc.idaho.gov/opinions/ridgley.pdf

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