Payne v. State
| Decision Date | 26 February 2016 |
| Docket Number | No. 42858.,42858. |
| Citation | 367 P.3d 274,159 Idaho 879 |
| Court | Idaho Court of Appeals |
| Parties | Troy Dwayne PAYNE, Petitioner–Appellant, v. STATE of Idaho, Respondent. |
Nevin, Benjamin, McKay & Bartlett, LLP; Deborah Whipple, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.
Troy Dwayne Payne appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. Specifically, Payne argues he raised a genuine issue of material fact regarding ineffective assistance of his trial counsel for failing to request jury instructions on two defenses—innocent or temporary possession and misfortune or accident. For the reasons set forth below, the district court's order summarily dismissing Payne's petition for post-conviction relief is affirmed in part, vacated in part, and remanded.
Without any prior notice, Payne went to the home of a law enforcement officer and handed the officer a small container filled with methamphetamine. Payne was charged with possession of a controlled substance, I.C. § 37–2732(c)(1), for possessing the methamphetamine that he gave to the officer. At trial, Payne testified that an acquaintance tossed the container into Payne's car and, in an effort to "do the right thing," he took it to the police as soon as he realized that it contained drugs. Payne appealed his judgment of conviction and this Court affirmed in an unpublished opinion. State v. Payne, Docket No. 38918, 2012 WL 9494166 (Ct.App. Aug. 2, 2012). Payne filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to request a jury instruction on the defense of innocent or temporary possession. He also alleged that his trial counsel was ineffective for failing to raise as a defense and provide a jury instruction consistent with I.C. § 18–201(3), which provides a defense for those who committed an act or made an omission charged through misfortune or by accident when it appears that there was not evil design, intention, or culpable negligence. The district court summarily dismissed both claims, holding Payne's claims were barred by res judicata and Payne had not raised an issue of material fact regarding his counsel's ineffective assistance. Payne appeals.
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 petitioner must show that the attorney's performance was deficient and that the petitioner was prejudiced by the deficiency. Strickland v. Washington, 466 U.S. 668, 687–88, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984) ; Hassett v. State, 127 Idaho 313, 316, 900 P.2d 221, 224 (Ct.App.1995). To establish a deficiency, the petitioner 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). To establish prejudice, the petitioner must show a reasonable probability that, but for the attorney's deficient performance, the outcome of the trial would have been different. Id. at 761, 760 P.2d at 1177. This Court has long adhered to the proposition that 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).
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).
In its order summarily dismissing Payne's petition for post-conviction relief, the district court held:
[T]he conclusion of the Court of Appeals in the direct appeal that the failure of the court to instruct on the defense of "misfortune or accident" under Idaho Code § 18–201(3), had such issue been preserved for appeal, was harmless error is res judicata and binding on this court. The Court of Appeals concluded that the failure to instruct on misfortune or accident was harmless error ... [and] declared beyond a reasonable doubt that the error did not contribute to the verdict.
The principles of res judicata apply when a petitioner attempts to raise the same issues previously ruled upon on direct appeal in a subsequent petition for post-conviction relief. Knutsen v. State, 144 Idaho 433, 439, 163 P.3d 222, 228 (Ct.App.2007). On direct appeal, the sole issue was whether the district court erred by denying Payne the opportunity to testify regarding his lack of intent to possess methamphetamine, thereby preventing Payne from presenting his defense to the charge. This Court's ruling was narrow. We held that the district court did not preclude Payne's testimony regarding his intent to possess methamphetamine. This Court further held that, even if the district court had ruled that Payne could not present his defense, the error would have been harmless because Payne testified, nonetheless, that he did not intend to possess methamphetamine.
This Court's opinion did not address whether Payne's trial counsel was ineffective for failing to request a jury instruction regarding his defense. To the contrary, this Court's opinion explained...
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