Matthews v. State, No. 26187.

• Court: Idaho Court of Appeals
• Writing for the Court: PERRY.
• Citation: 136 Idaho 46,28 P.3d 387
• Parties: Sean Joel MATTHEWS, Petitioner-Appellant, v. STATE of Idaho, Respondent.
• Docket Number: No. 26187.
• Decision Date: 28 June 2001

28 P.3d 387
136 Idaho 46

Sean Joel MATTHEWS, Petitioner-Appellant,
v.
STATE of Idaho, Respondent

No. 26187.

Court of Appeals of Idaho.

June 28, 2001.

28 P.3d 389

Manweiler, Wilcox, Trout, Manweiler, PLLC, Boise, for appellant

Hon. Alan G. Lance, Attorney General; T. Paul Krueger II, Deputy Attorney General, Boise, for respondent.

PERRY, Judge.

Sean Joel Matthews appeals from the district court's order denying his amended application for post-conviction relief. We affirm.

I.

BACKGROUND

In March 1983, Matthews was found guilty by a jury of first degree murder. I.C. §§ 18-4001 to -4004. The district court sentenced Matthews to an indeterminate life term. Matthews appealed, arguing that the charge against him should have been transferred to juvenile court or dismissed. This Court rejected Matthews's argument and affirmed his judgment of conviction. State v. Matthews, 108 Idaho 453, 700 P.2d 75 (Ct. App.1985). In March 1990, Matthews filed an application for post-conviction relief, which was dismissed by the district court. Matthews appealed. The Idaho Supreme Court vacated the district court's order dismissing Matthews's application and remanded the case for consideration of Matthews's allegations that he received ineffective assistance of counsel. Matthews v. State, 122 Idaho 801, 839 P.2d 1215 (1992). On remand, Matthews filed an amended application for post-conviction relief, alleging that he received ineffective assistance of counsel at trial and on appeal. Following an evidentiary hearing, the district

28 P.3d 390

court denied Matthews's amended application for post-conviction relief. Matthews appeals, challenging the effectiveness of his trial counsel.¹

II.

ANALYSIS

On appeal, Matthews argues that the district court erroneously denied his amended application for post-conviction relief. Matthews maintains that he received ineffective assistance because his trial counsel failed to request a number of jury instructions and failed to object to certain testimony elicited by the state on cross-examination.

In order to prevail in a post-conviction proceeding, the applicant must prove the allegations by a preponderance of the evidence. I.C. § 19-4907; Stuart v. State, 118 Idaho 865, 801 P.2d 1216 (1990). 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, 794 P.2d 654 (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, 764 P.2d 439 (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).

A claim of ineffective assistance of counsel may properly be brought under the post-conviction procedure act. Murray v. State, 121 Idaho 918, 924-25, 828 P.2d 1323, 1329-30 (Ct.App.1992). To prevail on an ineffective assistance of counsel claim, the defendant must show that the attorney's performance was deficient and that the defendant was prejudiced by the deficiency. Hassett v. State, 127 Idaho 313, 316, 900 P.2d 221, 224 (Ct.App.1995); Russell, 118 Idaho at 67, 794 P.2d at 656; Davis v. State, 116 Idaho 401, 406, 775 P.2d 1243, 1248 (Ct.App.1989). To establish a deficiency, the applicant has the burden of showing that the attorney's representation fell below an objective standard of reasonableness. Aragon v. State, 114 Idaho 758, 760, 760 P.2d 1174, 1176 (1988); Russell, 118 Idaho at 67, 794 P.2d at 656. However, there is a strong presumption that trial counsel's performance falls within the wide range of "professional assistance." Aragon, 114 Idaho at 760, 760 P.2d at 1176. Furthermore, tactical or strategic decisions of trial counsel will not be second-guessed on appeal unless those decisions are based on inadequate preparation, ignorance of relevant law, or other shortcomings capable of objective evaluation. Howard v. State, 126 Idaho 231, 233, 880 P.2d 261, 263 (Ct.App.1994). To establish prejudice, the applicant must show a reasonable probability that, but for the attorney's deficient performance, the outcome of the trial would have been different. Aragon, 114 Idaho at 761, 760 P.2d at 1177; Russell, 118 Idaho at 67, 794 P.2d at 656. In other words, an applicant must show that the deficient conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied upon as having produced a just result. Ivey v. State, 123 Idaho 77, 80, 844 P.2d 706, 709 (1992).

A. Instruction re: Accomplice Testimony

Matthews contends that he received ineffective assistance because trial counsel did not request a jury instruction regarding the corroboration of accomplice testimony. A defendant may not be convicted on the testimony of an accomplice unless the testimony is "corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense." I.C. § 19-2117; see also State v. Mack, 132 Idaho 480, 483, 974 P.2d 1109, 1112 (Ct.App.1999). This statutory corroboration requirement is intended to protect against the danger that an accomplice may wholly fabricate testimony, incriminating an innocent defendant in order to win more favorable treatment for the accomplice. State v. Pecor, 132 Idaho 359, 367, 972 P.2d 737, 745 (Ct.App.1998). To satisfy the statute,

28 P.3d 391

corroborating evidence must connect the defendant to the crime, but it need not be sufficient, in itself, to convict the defendant, and it need not corroborate the testimony of the accomplice in every detail. State v. Aragon, 107 Idaho 358, 364, 690 P.2d 293, 299 (1984); Pecor, 132 Idaho at 367, 972 P.2d at 745. The corroborating evidence may be slight, need only go to one material fact, and may be entirely circumstantial. State v. Campbell, 114 Idaho 367, 369, 757 P.2d 230, 232 (1988); P...