Still v. State
| Decision Date | 27 February 1974 |
| Docket Number | No. 10973,10973 |
| Citation | 95 Idaho 766,519 P.2d 435 |
| Parties | Guy Junior STILL, Plaintiff-Appellant, v. The STATE of Idaho, Defendant-Respondent. |
| Court | Idaho Supreme Court |
Jim Doolittle, Caldwell, for appellant.
W. Anthony Park, Atty. Gen., Wm. F. Lee, Deputy Atty. Gen., Boise, for appellee.
This Court is again confronted with the question of whether appellate review of a criminal conviction may be obtained by a writ of habeas corpus rather than through the procedures found in the Uniform Post-Conviction Procedure Act, I.C. §§ 19-4901 to 19-4911.
On April 24, 1967, the petitioner, Guy Junior Still, pled guilty to two counts of first degree murder in the Third District Court, Gem County. He was subsequently sentenced to two consecutive life prison terms. Following his incarceration in the state penitentiary, he apparently filed a pro se application with the Third District Court, Gem County, for relief under the Uniform Post-Conviction Procedure Act. The district court, after receiving the state's motion to dismiss the application, notified petitioner of its intention to dismiss the application unless a reply was made within twenty days pursuant to the provisions of I.C. § 19-4906(b). When no reply was forthcoming, the petition was dismissed. Petitioner did not appeal from this dismissal. The record does not disclose the grounds for relief alleged in the application or why it was dismissed.
Petitioner then filed this petition for a writ of habeas corpus in the Fourth District Court, Ada County. In the petition he alleged that the district court of Gem County erred in accepting his pleas of guilty in that they were not entirely voluntary and that he was not adequately represented by his two court appointed attorneys. From the dismissal of the petition on the grounds that a writ of habeas corpus was not the proper procedure, he prosecutes this appeal.
Idaho Code § 19-4901(b) states that the Uniform Post-Conviction Procedure Act is the exclusive remedy for challenging the validity of a conviction or sentence once the time for direct appeal has expired. Because the writ of habeas corpus is a constitutional remedy, Mahaffey v. State, 87 Idaho 228, 392 P.2d 279 (1964), the Act has been construed by this Court as an expansion of the writ. Dionne v. State, 93 Idaho 235, 459 P.2d 1017 (1969). Therefore, substance and not form governs and it is immaterial whether the petition or application is labeled as one for habeas corpus or post-conviction relief. As long as the petition sets forth the legitimate grounds for relief found in I.C. § 19-4901, this Court will consider the proceeding as one under the Act.
Although it doesn't matter whether the proceeding is denominated as one for habeas corpus or for post-conviction relief, it is still necessary that the procedures of the Uniform Post-Conviction Procedure Act be followed. The Act was designed to give the district court which made the initial determinations a chance to correct any mistakes or irregularities that occurred in that court. In addition, that court has before it all the facts required to make such a determination. Therefore, the application or petition for relief must be filed in the district court where the conviction occurred. I.C. § 19-4902.
Petitioner has alleged that he was not adequately represented by counsel and that his confession was not entirely voluntary. These allegations charge a violation of substantial rights found in both the federal and state constitutions, Dionne v. State, s...
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State v. Tucker
...P.2d 670 (1971). The trial court is directed to dismiss the petition for post-conviction relief without prejudice. See, Still v. State, 95 Idaho 766, 519 P.2d 435 (1974). The case is remanded for further proceedings upon the basis of the appeal from order denying motion for a new trial. The......
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Coleman v. State, 81-115
...§ 3 (1974). Still another important consideration was enunciated by Idaho Supreme Court Justice Donaldson in Still v. State (1974), 95 Idaho 766, 519 P.2d 435, 437: -103, MCA) which directs that a petition for post-conviction relief be filed in either the court of conviction or this Court. ......
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Hays v. State
...form, a properly raised issue may be considered by the district court without requiring a separate writ to be filed. Still v. State, 95 Idaho 766, 519 P.2d 435 (1974); Dionne v. State, 93 Idaho 235, 459 P.2d 1017 (1969). Thus, the district court could have provided the recourse available to......
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Eubank v. State
...claims regarding whether a conviction or sentence was entered in violation of constitutional or statutory law. Still v. State, 95 Idaho 766, 768, 519 P.2d 435, 437 (1974). A writ of habeas corpus, on the other hand, is the appropriate method for challenging unlawful conditions of confinemen......