Pratt v. State, 24642.
| Court | United States State Supreme Court of Idaho |
| Writing for the Court | TROUT, Chief Justice. |
| Citation | 134 Idaho 581,6 P.3d 831 |
| Parties | Joseph PRATT, Petitioner-Appellant, v. STATE of Idaho, Respondent. |
| Docket Number | No. 24642.,24642. |
| Decision Date | 20 July 2000 |
6 P.3d 831
134 Idaho 581
v.
STATE of Idaho, Respondent
No. 24642.
Supreme Court of Idaho, Coeur d'Alene, April 2000, Term.
July 20, 2000.
Hon. Alan G. Lance, Attorney General, Boise, for respondent. Kenneth M. Robins, Deputy Attorney General argued.
TROUT, Chief Justice.
This is an appeal from the district judge's order granting the State of Idaho's motion for summary dismissal of Joseph Pratt's (Pratt) amended petition for post-conviction relief based on ineffective assistance of counsel.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Pratt and his brother, James Pratt, (the Pratts) disguised themselves in black masks and clothing and went to the residence of Louise Turner, in Bonner County Idaho, with loaded firearms on the night of January 11, 1989. The Pratts entered the residence, bound some of the occupants with tape and forced others to look for money. Sheriff's officers arrived while the Pratts were still inside the residence. Pratt twice shot, but did not kill, one of the occupants. The Pratts fled, taking one of the occupants with them as a hostage, although they released the hostage shortly after fleeing.
An automobile chase followed in which the Pratts exchanged gunfire with police. The Pratts drove to a wooded area and fled on foot. Police searched for the Pratts in snowy weather throughout the night and into the afternoon of the next day. Bonner County Sheriff's Deputy Steven Barbieri and Forest Service Officer Brent Jacobson eventually located the Pratts sleeping under a tree in the Smith Creek area and ordered them to surrender. It remains unclear who fired first, however, a gun fight followed in which Officer Jacobson was shot to death. The Pratts fled the area and eventually surrendered at a nearby farmhouse. The Pratts were admitted to the hospital for hypothermia.
Pratt was charged with first degree murder, two counts of attempted murder, eleven counts of aggravated assault and one count each of aggravated battery, kidnapping, robbery
• Pratt possessed a .38 caliber revolver at the Turner residence and fired the weapon at the Turner residence.
• Pratt possessed a .38 caliber revolver when he surrendered.
• Pratt possessed a loaded nine millimeter pistol at Smith Creek and fired the weapon at Smith Creek.
• James Pratt owned a twelve gauge shotgun which was in the trunk of the Pratts' car while at the Turner residence. James Pratt fired three cartridges from the shotgun at a pursuing police vehicle. James Pratt also fired four cartridges at Smith Creek, including one which struck and killed Officer Jacobson.
• The Pratts used electrical and duct tape to bind the occupants of the Turner residence.
Greene's defense of Pratt was premised upon the following three points: (1) Pratt reached a point of safety following the events at the Turner residence which effectively terminated the predicate crimes for felony murder; (2) Pratt was unable to form the intent required for first degree murder and attempted first degree murder because he suffered from hypothermia at Smith Creek; and (3) Pratt fired in self-defense at Smith Creek. A jury returned guilty verdicts against Pratt and he was thereafter sentenced. Among other things, he received twenty-five years to life for the first degree murder of Officer Jacobson with the sentence to run consecutively to the aggravated assault, aggravated assault on a law enforcement officer and attempted first degree murder sentences.
Pratt's appeal of his conviction and sentence to this Court is set forth in State v. Pratt, 125 Idaho 594, 873 P.2d 848 (1994). Pratt argued the shooting of Officer Jacobson did not constitute first degree murder as defined in I.C. § 18-4003(b) because Officer Jacobson was not a peace officer. The Court agreed but upheld Pratt's first degree murder conviction and sentence based upon felony murder as set forth in I.C. § 18-4003(d). The Court affirmed the remaining elements of Pratt's conviction and sentence except for the attempted felony murder conviction which was vacated.
Pratt filed a petition and amended petition for post-conviction relief asserting various claims of ineffective assistance of counsel. Pratt stipulated to summary dismissal of all claims in the petition except two claims of ineffective assistance in which he alleged Greene was ineffective in...
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State v. Shackelford, Docket No. 27966 (Idaho 1/20/2010), Docket No. 27966.
...resulted from inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective review. Pratt v. State, 134 Idaho 581, 584, 6 P.3d 831, 834 "There is a `strong presumption that counsel's performance fell within the wide range of professional assistance.'" Sta......
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State v. Dunlap, Docket No. 32773/37270
...capable of objective review. State v. Shackelford, 150 Idaho 355, 382-83, 247 P.3d 582, 609-10 (2010) (citing Pratt v. State, 134 Idaho 581, 584, 6 P.3d 831, 834 (2000)). In the absence of evidence suggesting that the introduction of Dr. Brooks' report and the excerpt of Dr. Estess' 1992 re......
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State v. Lovelace, No. 24373
...establishing a prima facie case as to each element of the claims upon which the applicant bears the burden of proof. Pratt v. State, 134 Idaho 581, 583, 6 P.3d 831, 833 (2000). Here, the district court ordered Lovelace's application for post-conviction relief dismissed, stating: "Lovelace f......
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State v. Shackelford, s. 27966
...150 Idaho 383247 P.3d 610 preparation, ignorance of the relevant law, or other shortcomings capable of objective review. Pratt v. State, 134 Idaho 581, 584, 6 P.3d 831, 834 (2000). "There is a ‘strong presumption that counsel's performance fell within the wide range of professional assistan......