Adams v. State
| Decision Date | 04 November 2016 |
| Docket Number | Docket No. 42920 |
| Citation | 387 P.3d 153,161 Idaho 485 |
| Court | Idaho Court of Appeals |
| Parties | Clayton Robert ADAMS, Petitioner–Appellant, v. STATE of Idaho, Respondent. |
161 Idaho 485
387 P.3d 153
Clayton Robert ADAMS, Petitioner–Appellant,
v.
STATE of Idaho, Respondent.
Docket No. 42920
Court of Appeals of Idaho.
Filed: November 4, 2016
Review Denied January 20, 2017
Nevin, Benjamin, McKay & Bartlett, LLP; Dennis A. Benjamin, Boise, for appellant. Dennis A. Benjamin argued.
Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent. John C. McKinney argued.
MELANSON, Chief Judge
Clayton Robert Adams appeals from the district court's judgment summarily dismissing Adams's petition for post-conviction relief and the district court's order denying Adams's motion for reconsideration. For the reasons set forth below, we affirm.
I.
FACTS AND PROCEDURE
Adams was driving a motor vehicle with four male passengers when Adams and the three backseat passengers became involved in an argument. An altercation ensued after Adams abruptly stopped the vehicle and the three backseat passengers exited the vehicle. It was alleged that, during the altercation, Adams stabbed two of the men, the second of whom later died from his injuries. Adams was charged with first degree premeditated murder or, in the alternative, first degree felony murder; three counts of attempted robbery; and one count of aggravated battery. At trial, Adams testified that the surviving victim and the deceased victim were the aggressors and had attacked Adams. Adams asserted that he used a knife in self-defense.
A jury acquitted Adams of first degree murder and attempted robbery. However, the jury found Adams guilty of the lesser offense of second degree murder, I.C. §§ 18–4001 and 18–4003(g), and guilty of aggravated battery, I.C. § 18–907. The district court imposed a unified life sentence, with a minimum
term of confinement of twenty-five years, for second degree murder and a consecutive ten-year sentence, with a minimum term of confinement of three years, for aggravated battery. Adams filed an I.C.R. 35 motion for reduction of his sentences, which the district court denied. On direct appeal, this Court affirmed Adams's judgment of conviction and sentences. State v. Adams , 147 Idaho 857, 216 P.3d 146 (Ct. App. 2009). Adams subsequently filed a pro se petition for post-conviction relief and filed an amended petition raising numerous causes of action. Adams filed a motion for investigative services to locate two witnesses, which the district court denied. The district court issued an order summarily dismissing Adams's petition for post-conviction relief.1 Adams filed a motion for reconsideration, which the district court denied. Adams appeals.
II.
STANDARD OF REVIEW
A petition for post-conviction relief initiates a proceeding that is civil in nature. I.C. § 19–4907 ; Rhoades v. State , 148 Idaho 247, 249, 220 P.3d 1066, 1068 (2009) ; State v. Bearshield , 104 Idaho 676, 678, 662 P.2d 548, 550 (1983) ; Murray v. State , 121 Idaho 918, 921, 828 P.2d 1323, 1326 (Ct. App. 1992). Like a plaintiff in a civil action, the petitioner must prove by a preponderance of evidence the allegations upon which the request for post-conviction relief is based. Goodwin v. State , 138 Idaho 269, 271, 61 P.3d 626, 628 (Ct. App. 2002). A petition for post-conviction relief differs from a complaint in an ordinary civil action. Dunlap v. State , 141 Idaho 50, 56, 106 P.3d 376, 382 (2004). A petition must contain much more than a short and plain statement of the claim that would suffice for a complaint under I.R.C.P. 8(a)(1). Rather, a petition for post-conviction relief must be verified with respect to facts within the personal knowledge of the petitioner, and affidavits, records, or other evidence supporting its allegations must be attached or the petition must state why such supporting evidence is not included with the petition. I.C. § 19–4903. In other words, the petition must present or be accompanied by admissible evidence supporting its allegations or the petition will be subject to dismissal. Wolf v. State , 152 Idaho 64, 67, 266 P.3d 1169, 1172 (Ct. App. 2011).
Idaho Code Section 19–4906 authorizes summary dismissal of a petition for post-conviction relief, either pursuant to a motion by a party or upon the court's own initiative, if it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. When considering summary dismissal, the district court must construe disputed facts in the petitioner's favor, but the court is not required to accept either the petitioner's mere conclusory allegations, unsupported by admissible evidence, or the petitioner's conclusions of law. Roman v. State , 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct. App. 1994) ; Baruth v. Gardner , 110 Idaho 156, 159, 715 P.2d 369, 372 (Ct. App. 1986). Moreover, the district court, as the trier of fact, is not constrained to draw inferences in favor of the party opposing the motion for summary disposition; rather, the district court is free to arrive at the most probable inferences to be drawn from uncontroverted evidence. Hayes v. State , 146 Idaho 353, 355, 195 P.3d 712, 714 (Ct. App. 2008). Such inferences will not be disturbed on appeal if the uncontroverted evidence is sufficient to justify them. Id.
Claims may be summarily dismissed if the petitioner's allegations are clearly disproven by the record of the criminal proceedings, if the petitioner has not presented evidence making a prima facie case as to each essential element of the claims, or if the petitioner's allegations do
not justify relief as a matter of law. Kelly v. State , 149 Idaho 517, 521, 236 P.3d 1277, 1281 (2010) ; DeRushé v. State , 146 Idaho 599, 603, 200 P.3d 1148, 1152 (2009). Thus, summary dismissal of a claim for post-conviction relief is appropriate when the court can conclude, as a matter of law, that the petitioner is not entitled to relief even with all disputed facts construed in the petitioner's favor. For this reason, summary dismissal of a post-conviction petition may be appropriate even when the state does not controvert the petitioner's evidence. See Roman , 125 Idaho at 647, 873 P.2d at 901.
Conversely, if the petition, affidavits, and other evidence supporting the petition allege facts that, if true, would entitle the petitioner to relief, the post-conviction claim may not be summarily dismissed. Charboneau v. State , 140 Idaho 789, 792, 102 P.3d 1108, 1111 (2004) ; Sheahan v. State , 146 Idaho 101, 104, 190 P.3d 920, 923 (Ct. App. 2008). If a genuine issue of material fact is presented, an evidentiary hearing must be conducted to resolve the factual issues. Goodwin , 138 Idaho at 272, 61 P.3d at 629.
On appeal from an order of summary dismissal, we apply the same standards utilized by the trial courts and examine whether the petitioner's admissible evidence asserts facts which, if true, would entitle the petitioner to relief. Ridgley v. State , 148 Idaho 671, 675, 227 P.3d 925, 929 (2010) ; Sheahan , 146 Idaho at 104, 190 P.3d at 923. Over questions of law, we exercise free review. Rhoades , 148 Idaho at 250, 220 P.3d at 1069 ; Downing v. State , 136 Idaho 367, 370, 33 P.3d 841, 844 (Ct. App. 2001).
III.
ANALYSIS
On appeal, Adams argues the district court erred in summarily dismissing his petition for post-conviction relief. Specifically, Adams claims the district court abused its discretion in denying Adams's motion for investigative services to locate two witnesses. Adams also alleges trial counsel was ineffective and that the cumulative effect of trial counsel's deficient performances denied Adams of his Sixth Amendment right to counsel. Finally, Adams argues the district court erred in denying Adams's motion for reconsideration of the order summarily dismissing his petition.
A. Investigative Services
Adams argues that the district court abused its discretion in denying Adams's motion for investigative services. In his petition for post-conviction relief, Adams raised a claim of ineffective assistance of trial counsel for failing to investigate and call two witnesses in Adams's defense at trial. Adams contends that these witnesses would have undermined the State's theory of events and supported Adams's testimony that he acted in self-defense.
By way of deposition, trial counsel testified that he had no recollection of either witness. Adams also asserted that he did not have access to trial counsel's working file2 to clarify whether the witnesses had been contacted and questioned. Consequently, Adams filed a motion for investigative services, arguing that an investigator was necessary in order to find the witnesses and question...
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