Quinlan v. Idaho Com'n for Pardons and Parole

• Decision Date: 29 April 2003
• Docket Number: No. 29122.,29122.
• Citation: 138 Idaho 726,69 P.3d 146
• Parties: Kenneth William QUINLAN, Petitioner-Appellant, v. IDAHO COMMISSION FOR PARDONS AND PAROLE, Respondent.
• Court: Idaho Supreme Court

69 P.3d 146

138 Idaho 726

Kenneth William QUINLAN, Petitioner-Appellant, v. IDAHO COMMISSION FOR PARDONS AND PAROLE, Respondent.

No. 29122.

Supreme Court of Idaho, Boise, February 2003, Term.

April 29, 2003.

Kenneth W. Quinlan, Boise, pro se, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

TROUT, Chief Justice.

Kenneth W. Quinlan ("Quinlan"), acting pro se, appeals from an order of the magistrate court denying his request for appointed counsel and from a summary judgment order dismissing his petition for a writ of habeas corpus. This case raises two major issues: (1) whether there is a right to counsel in Idaho's habeas proceedings created by statute; and (2) whether revision of the guidelines for parole reconsideration, eliminating mandatory hearings, constitutes an Ex Post Facto Clause violation.¹

I. FACTUAL AND PROCEDURAL BACKGROUND

Quinlan is serving an indeterminate life sentence following his 1973 conviction for second degree murder. He was paroled in 1985. Approximately four years later, Quinlan was arrested for driving under the influence while on parole. Continuation on parole was conditioned on Quinlan waiving his driving privileges. In March 1991, Quinlan's parole was revoked for missing prescribed alcoholics anonymous meetings, but he was reinstated on parole in December 1991. Parole was revoked in 1994 for several reasons, including Quinlan's violation of the prohibition against driving. Following the second parole revocation, the Idaho Commission for Pardons and Parole ("Parole Commission") "passed" Quinlan to his full term release date, i.e., they declined to schedule any future parole reconsideration hearing.

The matter of scheduling reconsideration hearings is committed to the discretion of the Parole Commission by Idaho Code § 20-223(c), which provides: "The Commission may also by its rules, policies or procedures fix the times and conditions under which any application denied may be reconsidered." At the time of Quinlan's crime and conviction, the Parole Commission's rules required a parole reconsideration hearing no less frequently than every thirty months. That rule was rescinded in 1987, however, and the rescission left the Parole Commission with no requirement for reconsideration hearings.

In May 1998, Quinlan filed in the magistrate division of the district court a petition for writ of habeas corpus asserting several claims. Among his claims, Quinlan alleged that the revocation of his parole had been improper because it was based on the violation of an unreasonable parole condition—that he not drive. Quinlan also alleged that, as applied to him, the rule rescission eliminating the requirement of parole reconsideration hearings was a violation of the Ex Post Facto Clause of the United States Constitution. Quinlan then filed a motion for appointment of counsel to represent him in the habeas corpus action. The Parole Commission moved for summary judgment. The magistrate judge denied Quinlan's request for appointed counsel and thereafter denied habeas relief.

Quinlan appealed to the district court. The district court upheld the summary judgment decision, holding that the magistrate judge had committed a procedural error in denying Quinlan's request for counsel, but that such error was harmless. On further appeal, the Court of Appeals reversed the district court, concluding it was error to refuse to appoint counsel for Quinlan's habeas corpus action. The Court of Appeals also found the lower courts had made analytical errors regarding Quinlan's ex post facto claim, and consequently remanded the issue to the magistrate judge. The State filed a Petition for Review before this Court, which was granted.

II. STANDARD OF REVIEW

Our review of this case is on two levels. First, we review the lower court's summary judgment decision regarding the statutory right to counsel. And second, we review the denial of Quinlan's petition for writ of habeas corpus.

Habeas proceedings are civil in nature, and generally the rules of civil procedure apply. See I.C. § 19-4208; Lopez v. State, 128 Idaho 826, 827, 919 P.2d 355, 356 (Ct.App.1996). When considering a ruling on a motion for summary judgment, this Court's standard of review is the same as that used by the trial court in ruling on the motion. Barnes v. Barnes, 135 Idaho 103, 105, 15 P.3d 816, 818 (2000). This Court must liberally construe the facts in favor of the non-moving party and determine whether there is a genuine issue as to any material fact, and whether the moving party is entitled to judgment as a matter of law. I.R.C.P. 56(c). In making this determination, all allegations of fact in the record, and all reasonable inferences from the record are construed in the light most favorable to the party opposing the motion. Thomson v. City of Lewiston, 137 Idaho 473, 476, 50 P.3d 488, 491 (2002). The burden of proving the absence of material facts is upon the moving party. Id. Once the moving party establishes the absence of a genuine issue, the burden shifts to the nonmoving party to show that a genuine issue of material fact on the challenged element of the claim does exist. The nonmoving party may not rest upon the mere allegations or denials contained in the pleadings, but must come forward and produce evidence by affidavits or as otherwise provided in the rules, to set forth specific facts showing that there is a genuine issue for trial. I.R.C.P. 56(e). Failure to do so will result in an order granting summary judgment.

For a case on review from the Court of Appeals, we review the trial court's decision directly, albeit serious consideration is given to the Court of Appeals decision. State v. Dana, 137 Idaho 6, 8, 43 P.3d 765, 767 (2002). Similarly, when reviewing a district court decision made while that court was acting in its appellate capacity, this Court examines the magistrate's record independently with due regard for the district court's decision on the matter. Application of Henry, 127 Idaho 349, 350, 900 P.2d 1360, 1361 (1995). This Court exercises free review over constitutional questions. Id.

Finally, we examine whether the magistrate judge abused his discretion in dismissing Quinlan's petition for writ of habeas corpus. Whether to issue such a writ is a matter within the discretion of the trial court. Johnson v. State, 85 Idaho 123, 127, 376 P.2d 704, 706 (1962). When appealing from the denial of a petition for writ of habeas corpus, the petitioner has the burden of establishing error. Hernandez v. State, 100 Idaho 581, 602 P.2d 539 (1979). When reviewing an exercise of discretion in a habeas corpus proceeding, the appellate court conducts a multi-tiered inquiry to determine: (1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the outer boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason. Duvalt v. Sonnen, 137 Idaho 548, 552, 50 P.3d 1043, 1047 (Ct.App.2002). With those standards of review guiding us, we now turn to the substantive issues raised on appeal.

III. DISCUSSION

Quinlan raises three issues on appeal. We hold that summary judgment was properly granted against Quinlan on the right to counsel and parole condition issues. We also affirm the denial of relief based on the ex post facto habeas claim.

A. There is no mandatory statutory right to counsel in habeas corpus proceedings.

Quinlan contends that he was entitled to court-appointed counsel to defend against summary judgment. Quinlan supports his contention by claiming that appointment of counsel in the habeas corpus proceeding is subject to the same standards that apply in Uniform Post-Conviction Procedure Act ("UPCPA") (I.C. §§ 19-4901—4911) cases. The Parole Commission contends that habeas corpus actions, which are civil in nature, are governed by the Habeas Corpus and Litigation Procedures Act (I.C. §§ 19-4201—4236), in which there is no requirement for mandatory appointment of counsel.

While the Court of Appeals relied on Brown v. State, 135 Idaho 676, 23 P.3d 138 (2001), in finding that Quinlan was entitled to appointment of counsel, that case is not applicable. In Brown, a post-conviction case, this Court found the appointment of counsel in post-conviction cases to be governed by both I.C. §§ 19-4904 and 19-852. After Brown, I.C. § 19-853, was amended to make clear that appointment of counsel at public expense in post-conviction cases shall be in accordance with I.C. § 19-4904. Thus, I.C. § 19-852 no longer applies in post-conviction cases and appointment of counsel in those cases is governed only by I.C. § 19-4904.

Quinlan does not have a UPCPA statutory right to counsel in a habeas proceeding. The habeas statute is clear: "Habeas corpus shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code, and the statutes of limitations imposed therein." I.C. § 19-4203(4) (emphasis added). Quinlan cannot now seek appointment of counsel in a habeas proceeding and claim the benefit of the UPCPA's right to counsel provision.

Quinlan argues that I.C. § 19-852 requires appointment of counsel in non-frivolous habeas cases. A habeas proceeding is a civil action. I.C. § 19-4208. By its own terms, I.C. § 19-852 applies only to criminal and commitment proceedings, not civil actions such as habeas proceedings. Habeas corpus is governed by its own statutory framework set forth in I.C. §§ 19-4201—4236, in which there is no requirement for mandatory appointment of counsel in habeas proceedings. Moreover, I.C. § 19-4224, provides that "[t]his chapter sets forth the exclusive procedures and remedies in habeas corpus actions." (Emphasis added). Therefore, I.C. § 19-852 does not apply to...