17 P.3d 243 (Idaho 2000), 25436, Rhoades v. State

Docket Nº:25436.
Citation:17 P.3d 243, 135 Idaho 299
Opinion Judge:SCHROEDER, Justice.
Party Name:Paul Ezra RHOADES, Petitioner-Appellant, v. STATE of Idaho, Respondent.
Attorney:Nevin, Herzfeld & Benjamin, Boise, for appellant. Dennis A. Benjamin argued. Hon. Alan G. Lance, Attorney General, Boise, for respondent. L. LaMont Anderson argued.
Judge Panel:SCHROEDER,
Case Date:December 05, 2000
Court:Supreme Court of Idaho
 
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Page 243

17 P.3d 243 (Idaho 2000)

135 Idaho 299

Paul Ezra RHOADES, Petitioner-Appellant,

v.

STATE of Idaho, Respondent.

No. 25436.

Supreme Court of Idaho.

December 5, 2000.

Rehearing Denied Feb. 6, 2001.

Nevin, Herzfeld & Benjamin, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent. L. LaMont Anderson argued.

SCHROEDER, Justice.

Paul Ezra Rhoades appeals the district court's dismissal of his second petition for post-conviction relief. The State has moved to dismiss the appeal pursuant to Idaho Code Section 19-2719. The motion to dismiss is granted.

Page 244

I.

BACKGROUND AND PRIOR PROCEEDINGS

Evidence at trial indicated that Paul Ezra Rhoades (Rhoades) kidnapped twenty-one-year-old Stacy Baldwin from the Mini Barn convenience store in Blackfoot, Idaho, on February 28, 1987. He drove her to a secluded area near the Snake River and shot her multiple times when she resisted his attack and attempted to escape. One of the bullets pierced her lungs, and she died about one hour after he left her in the snow.

Rhoades was arrested in Nevada after he drove his car into the median of a freeway. A pistol that dropped from his car was later identified by a ballistics expert as the murder weapon. Rhoades confessed to Idaho officers, but he subsequently denied any involvement, claiming he was not at the scene of the murder. A jury convicted Rhoades of first degree murder, kidnapping in the first degree, robbery, and the use of a firearm in the commission of murder, robbery and kidnapping.

This Court denied Rhoades' first post-conviction petition for relief in State v. Rhoades, 120 Idaho 795, 820 P.2d 665 (1991). He disputes the convictions for the second time in this post-conviction review proceeding. He alleges that new evidence has come to light since the time of the first post-conviction proceeding which was not known, or could not reasonably have been known at the time the first post-conviction petition was filed.

Rhoades makes nine claims: (1) the State withheld exculpatory evidence; (2) new evidence established that statements made by Rhoades were obtained in violation of his Miranda rights; (3) new evidence established that David Holm was acting as a state agent when Rhoades made statements to Holm while both were in the same jail cell; (4) new evidence established "prosecutorial intrusion" of attorney-client privilege and work product; (5) new evidence showed that county financing of capital cases results in arbitrary and capricious sentences; (6) he was deprived of effective assistance of counsel; (7) there was prosecutorial misconduct; (8) he was deprived of the right to present evidence; and (9) there were illegal firearms enhancements. 1

The district court denied Rhoades' second post-conviction relief petition, noting that it could dismiss his claims on procedural grounds alone, but that even if the petition were timely Rhoades would not be entitled to relief. Rhoades appealed the district court ruling, and the case is before this Court upon the State's motion to dismiss the appeal.

II.

STANDARD OF REVIEW

Post-conviction proceedings are civil in nature. Idaho Criminal Rule 57(b); Pizzuto v. State, 127 Idaho 469, 470, 903 P.2d 58, 59 (1995). Summary dismissal of a petition for post-conviction relief is the procedural equivalent of summary judgment under I.R.C.P. 56. Small v. State, 132 Idaho 327, 330, 971 P.2d 1151, 1154 (Ct.App.1998). On review of a dismissal of a post-conviction relief application without an evidentiary hearing, this Court must determine whether a genuine issue of material fact exists based on the pleadings, depositions and admissions together with any affidavits on file. Small, 132 Idaho at 331, 971 P.2d at 1155...

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