Rhoades v. State, 35021.

• Citation: 220 P.3d 1066
• Decision Date: 26 October 2009
• Docket Number: No. 35021.,35021.
• Parties: Paul RHOADES, Petitioner-Appellant, v. STATE of Idaho, and Tom Beauclair, Director, Idaho Department of Correction, and Greg Fisher, Warden, Idaho Maximum Security Institution, Respondents.
• Court: United States State Supreme Court of Idaho

220 P.3d 1066

Paul RHOADES, Petitioner-Appellant, v. STATE of Idaho, and Tom Beauclair, Director, Idaho Department of Correction, and Greg Fisher, Warden, Idaho Maximum Security Institution, Respondents.

No. 35021.

Supreme Court of Idaho, Boise, September 2009 Term.

October 26, 2009.

Federal Defender Services of Idaho, Boise, and Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant. Oliver Loewy argued. Dennis Benjamin appeared.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondents. Lamont Anderson argued.

HORTON, Justice.

Petitioner Paul Ezra Rhoades appeals the district court's summary dismissal of his petition for post-conviction relief. He argues that the district court erred in finding that his claims are time-barred under I.C. § 19-4902.

In 1987, Rhoades entered a conditional plea of guilty for the murder and robbery of Nolan Haddon. In 2005, Rhoades petitioned the district court for post-conviction relief alleging prosecutorial misconduct, actual innocence, ineffective assistance of counsel, and seeking to test biological evidence for DNA. The district court found that these claims were not raised in a timely manner and summarily dismissed the petition pursuant to I.C. § 19-4906.

Three main issues are presented on appeal: First, whether the grounds raised by Rhoades allow for equitable tolling of the limitation provided by I.C. § 19-4902; second, for grounds that would entitle him to equitable tolling, whether Rhoades has met his burden of pleading facts that would entitle him to that equitable tolling; and finally, whether this appeal was frivolous and whether, as a result, the state is entitled to an award of attorney fees. We affirm and award costs to the state.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1987, Paul Ezra Rhoades was charged with the rape and murder of Susan Michelbacher as well as the murder and robbery of Nolan Haddon. Rhoades pleaded not guilty to all charges and filed a motion to sever the charges, which was subsequently granted. Rhoades was tried, convicted, and sentenced to death on the charges relating to the Michelbacher rape and murder. The parties subsequently entered into a plea agreement relating to the Haddon murder/robbery wherein Rhoades entered an "Alford"¹ plea, maintaining his innocence in the case but conceding that "a conviction may be had on the charges as presently filed." Rhoades was sentenced to serve concurrent indeterminate life sentences for the Haddon murder and robbery.

The evidence that would have been introduced at a trial for the Haddon murder included the gun used to kill Haddon found in the vicinity of a green car abandoned by Rhoades, statements made by Rhoades at the time of his arrest, and statements allegedly made to a jailhouse informer. State v. Rhoades, 119 Idaho 594, 600-604, 809 P.2d 455, 461-465 (1991). Further evidence would have included witness testimony placing a car matching the description of the car in which Rhoades was found at the scene of the Haddon murder, law enforcement officers' testimony that items found in Rhoades' possession were similar to the items taken at the time of the Haddon robbery, and testimony regarding Rhoades' purchase of bullets matching the caliber of those used in Haddon's murder. The gun is notable in the present case as the same gun was presented as the murder weapon in the case relating to the rape and murder of Susan Michelbacher. Based upon an affidavit of Dr. Greg Hampikian, Rhoades now claims that PGM (phosphoglucomutase enzyme) testing conducted by the FBI prior to the trial exonerates him of the Michelbacher murder and, by virtue of that exoneration, the Haddon murder as well.

In 2005, Rhoades filed the present petition for post-conviction relief, alleging prosecutorial misconduct, actual innocence, ineffective assistance of counsel, and requesting DNA testing. These were similar to the 2002 petition and 2005 amendments to the petition for post-conviction relief made in connection with the Michelbacher case.

The state moved for summary dismissal of Rhoades' claims on August 24, 2007, claiming that Rhoades' claims were time-barred by I.C. § 19-4902. On November 26, 2007, the district court granted the motion to dismiss. Rhoades appeals that decision.

II. STANDARD OF REVIEW

Post-conviction proceedings are governed by I.C. § 19-4901 et seq. (the Uniform Post-Conviction Procedure Act). A petition for post-conviction relief is a civil proceeding, governed by the Idaho Rules of Civil Procedure. Pizzuto v. State, 146 Idaho 720, 724, 202 P.3d 642, 646 (2008). However, "[t]he `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).'" State v. Payne, 146 Idaho 548, 560, 199 P.3d 123, 135 (2008) (quoting Goodwin v. State, 138 Idaho 269, 271, 61 P.3d 626, 628 (Ct.App.2002)). Instead, the application must be supported by a statement that "specifically set[s] forth the grounds upon which the application is based." Payne, 146 Idaho at 561, 199 P.3d at 136 (citing I.C. § 19-4903). "The application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal." Id.

This Court has free review of questions of law. Hopper v. Hopper, 144 Idaho 624, 626, 167 P.3d 761, 763 (2007). On review of a dismissal of a post-conviction relief application without an evidentiary hearing, this Court determines whether a genuine issue of fact exists based on the pleadings, depositions and admissions together with any affidavits on file and will liberally construe the facts and reasonable inferences in favor of the non-moving party. Hauschulz v. State, 144 Idaho 834, 838, 172 P.3d 1109, 1113 (2007) (citing Gilpin-Grubb v. State, 138 Idaho 76, 80, 57 P.3d 787, 791 (2002)). However, "while the underlying facts must be regarded as true, the petitioner's conclusions need not be so accepted." Phillips v. State, 108 Idaho 405, 407, 700 P.2d 27, 29 (1985). "[W]here the evidentiary facts are not disputed and the trial court rather than a jury will be the trier of fact, summary judgment is appropriate, despite the possibility of conflicting inferences because the court alone will be responsible for resolving the conflict between those inferences." State v. Yakovac, 145 Idaho 437, 443, 180 P.3d 476, 482 (2008). These standards apply equally to questions regarding the accrual of actions and the passage of the statute of limitations. Harris v. State, ex rel. Kempthorne, 147 Idaho 401, 405, 210 P.3d 86, 90 (2009).

III. ANALYSIS

1. Rhoades did not plead facts sufficient to trigger equitable tolling and avoid summary dismissal.

The Uniform Post-Conviction Procedure Act provides three separate limitations periods. The first, contained in I.C. § 19-4902(a), states that "[a]n application may be filed at any time within one (1) year from the expiration of the time for appeal or from the determination of an appeal or from the determination of a proceeding following an appeal, whichever is later." The second, addressing only DNA testing, is contained in I.C. § 19-4902(b). It states that a "petition must be filed by July 1, 2002, or within one (1) year after the filing of the judgment of conviction, whichever is later." I.C. § 19-4902(b). Finally, I.C. § 19-4908 states that a court may grant a supplemental or additional petition where the "court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application."

The state, the trial judge and Rhoades all agree that the standards required for I.C. § 19-4902 have not been met. Remittitur in Rhoades' case was issued March 8, 1991. In 1993, the period designated in I.C. § 19-4902, previously a five-year period, was amended to a one-year limitation period. 1993 Idaho Sess. Laws, ch. 265, § 1, p. 898. Dating the one-year period from the July 1, 1993 amendment to I.C. § 19-4902, the petition was untimely under I.C. § 19-4902, as the present motion was filed on July 29, 2005. Esquivel v. State, 128 Idaho 390, 392, 913 P.2d 1160, 1162 (1996). Rhoades does not dispute this but argues that he is entitled to equitable tolling by operation of I.C. §§ 19-4901 and 19-4908.²

In Charboneau v. State, we considered the relationship of I.C § 19-4902 and I.C. § 19-4908. 144 Idaho 900, 174 P.3d 870 (2007). In Charboneau, this Court recognized that rigid application of I.C. § 19-4902 would preclude courts from considering "claims which simply are not known to the defendant within the time limit, yet raise important due process issues." Id. at 904, 174 P.3d at 874. According to this Court's decision in State v. Rhoades,

[p]rocedural due process issues are raised whenever a person risks being deprived of life, liberty, or property interests because of governmental action. The requirement is that there must be some process to ensure that the individual is not arbitrarily deprived of his rights in violation of the state or federal constitutions. This requirement is met when the defendant is provided with notice and an opportunity to be heard.

120 Idaho 795, 806, 820 P.2d 665, 676 (1991). The Court then used the three-part balancing test enunciated by the U.S. Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18, 33 (1976), to determine whether due process had been afforded, balancing (1) the interest at stake; (2) the risk of erroneous deprivation of the interest and the probable value of additional or substitute safeguards; and (3) the government's interest. Rhoades, 120 Idaho at 806-07, 820 P.2d at 676-77.

In Charboneau, we noted that, in instances of a Brady violation,³ "there may be a tolling of the one year statute of limitations until discovery of the Brady violation." Charboneau, 144 Idaho at 904, 174 P.3d at 874. The Court applied the same "reasonable time" standard that governs its examination of ...