Medrano v. State, 21665

• Decision Date: 29 September 1995
• Docket Number: No. 21665,21665
• Citation: 903 P.2d 1336,127 Idaho 639
• Parties: Ralph MEDRANO, Petitioner-Appellant, v. STATE of Idaho, Respondent.
• Court: Idaho Court of Appeals

Page 1336

903 P.2d 1336

127 Idaho 639

Ralph MEDRANO, Petitioner-Appellant, v. STATE of Idaho, Respondent.

No. 21665.

Court of Appeals of Idaho.

Sept. 29, 1995.

[127 Idaho 641] Randall D. Schulthies, Pocatello, for appellant.

Alan G. Lance, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent.

WALTERS, Chief Judge.

Ralph Medrano appeals from a district court's order summarily dismissing his application for post-conviction relief. For the reasons explained below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A jury found Medrano guilty of first-degree kidnapping as a result of his abduction Medrano's application sought to have his conviction and sentence set aside on the following grounds. First, Medrano alleged that the district court failed to apply the standards set forth in I.C. § 19-2523(1), relating to mental illness, when imposing Medrano's sentence. Next, Medrano alleged that the district court violated Medrano's right to a fair trial when the court refused the jury's request to review a transcript of Medrano's preliminary hearing during the jury's deliberations. Finally, Medrano alleged that he was deprived of the effective assistance of counsel during his trial because his attorney (a) failed to perform adequate pretrial discovery by obtaining a weather report which would have shown that the weather on the day of the kidnapping was rainy rather than sunny as testified to by the victim and a police officer at the trial; ¹ (b) failed to timely file a motion for suppression of inculpatory statements made by Medrano to a police officer; (c) failed to timely request an instruction on the lesser included offense of enticing a child; (d) failed to exercise challenges for cause with respect to three jurors selected to participate in the trial; and (e) failed to secure records from a hospital showing Medrano's prior treatment for a mental condition which would have made the standards in I.C. § 19-2523(1) applicable to his case. ²

[127 Idaho 642] of a fourteen-year-old girl for sexual purposes. I.C. § 18-4502. The judgment of conviction and sentence imposed by the district court were upheld on an earlier appeal. State v. Medrano, 123 Idaho 114, 844 P.2d 1364 (Ct.App.1992). Medrano subsequently filed an application for post-conviction relief and a motion for appointment of counsel.

The district court granted Medrano's motion for appointment of counsel and directed the State to file a response to the application. After the State filed its answer denying the claims in the application, the court allowed oral argument by counsel at a hearing to determine whether evidence in support of the application should be received. At the conclusion of that hearing, the district court summarily dismissed Medrano's application on the ground that his claims were without merit and that no genuine issues of fact existed to warrant an evidentiary hearing.

On appeal, Medrano does not contend that the district court erred by failing to hold an evidentiary hearing on any of the claims raised in the application for post-conviction relief. Instead, he argues that relevant portions of the record of his jury trial support his contention that he should be granted a new trial on the kidnapping charge upon the allegations stated in the application for post-conviction relief.

APPLICABLE STANDARDS

An application for post-conviction relief initiates a proceeding which is civil in nature. State v. Bearshield, 104 Idaho 676, 678, 662 P.2d 548, 550 (1983); Clark v. State, 92 Idaho 827, 830, 452 P.2d 54, 57 (1969); Murray v. State, 121 Idaho 918, 921, 828 P.2d 1323, 1326 (Ct.App.1992). Summary dismissal of an application pursuant to I.C. § 19-4906 is the procedural equivalent of summary judgment under I.R.C.P. 56. Like a plaintiff in a civil action, the applicant must prove by a preponderance of evidence the allegations upon which the request for post-conviction relief is based. I.C. § 19-4907; Russell v. State, 118 Idaho 65, 67, 794 P.2d 654, 656 (Ct.App.1990). An application for post-conviction relief differs from a complaint in an ordinary civil action, however, for an application 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, an application for post-conviction relief must be verified with respect to facts within the personal knowledge of the Idaho Code § 19-4906 authorizes summary disposition of an application for post-conviction relief, either pursuant to motion of a party or upon the court's own initiative. Summary dismissal is permissible only when the applicant's evidence has raised no genuine issue of material fact which, if resolved in the applicant's favor, would entitle the petitioner to the requested relief. If such a factual issue is presented, an evidentiary hearing must be conducted. Gonzales v. State, 120 Idaho 759, 763, 819 P.2d 1159, 1163 (Ct.App.1991); Hoover v. State, 114 Idaho 145, 146, 754 P.2d 458, 459 (Ct.App.1988); Ramirez v. State, 113 Idaho 87, 89, 741 P.2d 374, 376 (Ct.App.1987). Summary dismissal of a petition for post-conviction relief may be appropriate, however, even where the State does not controvert the applicant's evidence, for the court is not required to accept either the applicant's mere conclusory allegations, unsupported by admissible evidence, or the applicant's conclusions of law. Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct.App.1994); Hays v. State, 113 Idaho 736, 739, 747 P.2d 758, 761 (Ct.App.1987); Baruth v. Gardner, 110 Idaho 156, 159-60, 715 P.2d 369, 372-73 (Ct.App.1986).

[127 Idaho 643] applicant, and affidavits, records or other evidence supporting its allegations must be attached, or the application must state why such supporting evidence is not included with the petition. I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.

A claim of ineffective assistance of counsel may properly be brought under the post-conviction procedure act. Murray, 121 Idaho at 924-25, 828 P.2d at 1329-30. To prevail on an ineffective assistance of counsel claim, the defendant must show that his attorney's performance was deficient, and that he was prejudiced by the deficiency. Hassett v. State, 127 Idaho 313, 900 P.2d 221 (Ct.App.1995); Russell v. State, 118 Idaho 65, 67, 794 P.2d 654, 656 (Ct.App.1990); 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 his 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. To establish prejudice, the applicant must show a reasonable probability that, but for his attorney's deficient performance, the outcome of his 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.

Furthermore, in a post-conviction proceeding challenging an attorney's failure to pursue a motion in the underlying criminal action, the court properly may consider the probability of success of the motion in question in determining whether the attorney's inactivity constituted incompetent performance. Huck v. State, 124 Idaho 155, 158, 857 P.2d 634, 637 (Ct.App.1993). Where the alleged deficiency is counsel's failure to file a motion, a conclusion that the motion, if pursued, would not have been granted by the trial court, is generally determinative of both prongs of the test. Id. at 158-59, 857 P.2d at 637-38. If the motion lacked merit and would have been denied, counsel ordinarily would not be deficient for failing to pursue it, and, concomitantly, the petitioner could not have been prejudiced by the want of his pursuit. Id.

DISCUSSION

I. MENTAL ILLNESS AND PSYCHOLOGICAL EVALUATION

In his application for post-conviction relief, Medrano claimed that the district court failed to consider the factors set forth in I.C. § 19-2523(1) prior to imposing the sentence. ³ He However, the question of whether any additional psychological evaluations should have been obtained before the district court imposed sentence was raised as an issue on Medrano's direct appeal from the judgment of conviction. Consequently, the district court was not required to consider the issue anew in the post-conviction action. I.C. § 19-4901(b); Paradis v. State, 110 Idaho 534, 716 P.2d 1306 (1986). The district court correctly dismissed this claim, without an evidentiary hearing, in considering Medrano's application for post-conviction relief.

[127 Idaho 644] asserted that the court erred by not ordering a psychological evaluation as recommended by the presentence investigator, and by not considering Medrano's psychological reports from the Atascadaro State Mental Hospital, ⁴ which would have had a bearing on the application of the factors in I.C. § 19-2523(1).

II. PRELIMINARY HEARING TRANSCRIPT

Next, Medrano argues that the district court erred in denying relief on his claim that he was deprived of a fair trial because the district court refused a request by the jury to review the transcript of his preliminary hearing during the jury's deliberations. He submits that the trial court should have made some reasonable attempt to honor the jury's request.

The record in Medrano's trial shows that the transcript of the preliminary hearing was never admitted as evidence to be submitted to the jury for its consideration, although it was "published" and some portions were used by counsel during their interrogation of several witnesses by reference to or by quoting various questions and answers appearing in the transcript. After the case was submitted to the jury, the jury sent a note to the court--by way of the bailiff--inquiring whether the jury could have a copy of the transcript. The...