Cobler v. State
| Decision Date | 21 June 2012 |
| Docket Number | Docket No. 38625,2012 Unpublished Opinion No. 528 |
| Parties | BRIAN COBLER, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. |
| Court | Idaho Court of Appeals |
Stephen W. Kenyon, Clerk
Brian Cobler appeals from the denial of his petition for post-conviction relief after an evidentiary hearing. We affirm.
Cobler pled guilty to one count of sexual battery of a minor, sixteen or seventeen years of age, based on charges that Cobler and his wife had maintained a sexual relationship with a minor. See State v. Cobler, 148 Idaho 769, 771, 229 P.3d 374, 376 (2010). In his petition for post-conviction relief, he alleged: (1) the Meridian Police Department violated his constitutional rights; (2) prosecutorial and judicial misconduct; (3) an equal protection violation at sentencing; (4) being charged with an unconstitutional Idaho Code provision; (5) a due process violation;1 and (6) ineffective assistance of counsel claims. Cobler sought court-appointed counsel for assistance with his petition, which was granted by the district court.
The State filed a motion for summary dismissal, but the district court proceeded to an evidentiary hearing without ruling on the State's motion. After Cobler testified at the evidentiary hearing, the district court dismissed the majority of his claims. The remaining claims concerned Cobler's allegations of ineffective assistance of counsel. After hearing testimony from Cobler's former trial counsel, the district court also denied relief on those claims. Cobler timely appealed.
A petition for post-conviction relief initiates a proceeding that is civil in nature. State v. Yakovac, 145 Idaho 437, 443, 180 P.3d 476, 482 (2008); see also Pizzuto v. State, 146 Idaho 720, 724, 202 P.3d 642, 646 (2008). Like the 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. I.C. § 19-4907; Stuart v. State, 118 Idaho 865, 869, 801 P.2d 1216, 1220 (1990); Goodwin v. State, 138 Idaho 269, 271, 61 P.3d 626, 628 (Ct. App. 2002). "An application 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) (quoting Goodwin, 138 Idaho at 271, 61 P.3d at 628)). The 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). State v. Payne, 146 Idaho 548, 560, 199 P.3d 123, 135 (2008); Goodwin, 138 Idaho at 271, 61 P.3d at 628. The petition 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.
When reviewing a decision denying post-conviction relief after an evidentiary hearing, an appellate court will not disturb the lower court's factual findings unless they are clearly erroneous. I.R.C.P. 52(a); Russell v. State, 118 Idaho 65, 67, 794 P.2d 654, 656 (Ct. App. 1990).The credibility of the witnesses, the weight to be given to their testimony, and the inferences to be drawn from the evidence are all matters solely within the province of the district court. Larkin v. State, 115 Idaho 72, 73, 764 P.2d 439, 440 (Ct. App. 1988). We exercise free review of the district court's application of the relevant law to the facts. Nellsch v. State, 122 Idaho 426, 434, 835 P.2d 661, 669 (Ct. App. 1992).
Cobler claims the Meridian Police Department violated several of his constitutional rights during his arrest and interrogation, including that: (1) he was placed under custodial arrest without being told the basis for the underlying offense; (2) the officers continued to interrogate Cobler even after he requested an attorney; (3) the officers used excessive force by handcuffing Cobler too tightly; and (4) the officers used cruel and unusual punishment by not allowing Cobler to use the restroom. Immediately following Cobler's testimony, the State sought to have these allegations dismissed on the basis that the claims are The district court denied the claims.
Cobler's allegations concerning the Meridian Police Department are not proper claims for post-conviction relief. Idaho Code § 19-4901(b) states:
Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post-conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by affidavit, deposition or otherwise, that the asserted basis for relief raises a substantial doubt about the reliability of the finding of guilty and could not, in the exercise of due diligence, have been presented earlier.
Cobler should have raised these allegations in the trial court and in his previous appeal and failed to do so. Furthermore, Cobler pled guilty to the charged crime and by doing so "waive[d] any issue as to the admissibility of evidence upon which the State might have relied." State v. Gallipeau, 128 Idaho 1, 6, 909 P.2d 619, 624 (Ct. App. 1994) (citing Stone v. State, 108 Idaho 822, 826, 702 P.2d 860, 864 (Ct. App. 1985); State v. Mallery, 105 Idaho 352, 670 P.2d 57 (Ct. App. 1983)). Therefore, these issues have been forfeited.2
Cobler asserts that the district court erred in dismissing his claim of prosecutorial misconduct and judicial misconduct. Cobler's petition for post-conviction relief set out his claim as "[p]laintiff alleges prosecutorial misconduct due to statements made by [the State Prosecutor] against plaintiff, that [the State prosecutor] knew were not true and presented as fact, and that [the State prosecutor] voiced uneducated opinions that were damaging to plaintiff, and presented those opinions as fact." Cobler's brief asserts that the prosecutor: (1) subpoenaed a grand jury although he was already incarcerated; (2) improperly used the grand jury when the prosecutor had no evidence to convict Cobler; (3) threatened a witness with juvenile detention if the witness did not testify against Cobler; (4) misled the grand jury about both the victim's age and Cobler's age in an attempt to make Cobler seem more deviant; (5) misled the grand jury by attesting that Cobler was a violent man who had trouble controlling his anger; (6) refused to offer exculpatory evidence that the victim was employed with Cobler's wife, a fact Cobler believes illustrates that he believed the victim was of age; and (7) at sentencing gave her own psychosexual evaluation and allowed a witness to offer false evidence.
Cobler's judicial misconduct claim involves a statement supposedly made by the district court to Cobler's wife. Specifically, in a letter addressed to Cobler, his wife stated the judge made statements that "she felt were threatening to plaintiffs [sic] sanctity of marriage." Cobler believes these threats were made in an attempt to force a divorce between Cobler and his wife, which would result in Cobler's wife being able to testify against him.
At the evidentiary hearing, at the conclusion of Cobler's prima facia case, the district court, upon motion of the prosecutor, denied several of Cobler's claims, including the prosecutorial and judicial misconduct claims. While the district court did not articulate its reasoning, but should have pursuant to I.C. § 19-4907(a), it is clear that Cobler failed in his evidentiary burden. It should first be noted that Cobler entered into a guilty plea and, thus, has waived his claims of prosecutorial misconduct before the grand jury. Stone, 108 Idaho at 826, 702 P.2d at 864 (). As for Cobler's prosecutorial misconduct at sentencing claims, Cobler failed to present evidence sufficient to establish misconduct. Cobler did not establish that there were material inaccuracies that affected the sentence or that more accurate information would have been available at sentencing. On appeal, Cobler has not cited to evidence actually admitted at the hearing whichdemonstrate any inaccuracies or evidence that might have changed the sentence. Moreover, the district court had the accurate information before it, including the victim's age, the defendant's age, the presentence investigation report (PSI), and the psychosexual evaluation. Lastly, Cobler failed to demonstrate any judicial misconduct affecting the sentencing court's decisions.
Cobler also alleges that his right to equal protection under the law was violated when the district court sentenced Cobler's wife less severely for the same crime. Even assuming this is a cognizable claim under the post-conviction act, Cobler is not entitled to relief. The equal protection guarantees of the Fourteenth Amendment to the United States Constitution and Article I, Section 13 of the Idaho Constitution require that similarly situated people receive the same benefits and burdens under the law. Bon Appetit Gourmet Foods, Inc. v. Dep't of Employment, 117 Idaho...
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