Direct Appeal or Action for Post-Conviction Relief. There are two ways to challenge your criminal conviction in Idaho. First, you can make a direct appeal to the Idaho Supreme Court. The second is an action for Post-Conviction Relief. They are made to different courts, address different issues, and have different timelines of when the court has to make a decision.
Action for Post-Conviction Relief. A post-conviction action is a civil case in which you sue the state of Idaho on the grounds that your conviction was obtained in violation of Idaho law or its Constitution. An application for post-conviction relief is a separate civil case made in the district court where you were convicted. An act for post-conviction relief is made under Idaho Criminal Rule 39, which provides that the action proceeds under the Idaho Rules of Civil Procedure. In other words, the case proceeds in the district court similarly to other civil actions, including the provisions for discovery.
Issues that can be raised in an action for post-conviction relief include claims that cannot be raised on direct appeal, such as a claim for ineffective assistance of counsel. The burden of proof in an action for post-conviction relief is a preponderance of the evidence, which is the standard in a typical civil case.
Direct Appeal. A direct appeal is made directly to the Idaho Supreme Court. The issues that may be raised depend on the motions or objections made in the district court. Generally, if an issue was not raised first in the district court, it cannot be raised on direct appeal.
An appeal is initiated by filing a Notice of Appeal, which contains a statement of issues. Once an appeal has been filed, the district court will prepare a record and transcript of the proceedings before it. The parties have a chance to augment the record to request additional items be sent to the Supreme Court, but the Court will not consider new evidence that was not before the district court. After the record is settled, the Idaho Supreme Court will set a briefing schedule. The Appellant generally has thirty-five days to file the Appellant’s Brief. Then the Respondent has twenty-eight days to file Respondent’s Brief, and the appellant is given the chance to file a Reply Brief.
After the briefing is complete, the Idaho Supreme Court will assign the case to either the Idaho Supreme Court or the Idaho Court of Appeals. Most criminal convictions are assigned to the the Idaho Court of Appeals. The Courts rarely hear oral arguments, which means the Courts decide the appeal based on the parties’ briefs.
Once the Court issues an opinion, the parties can file a Petition for Rehearing or Petition for Review. A Petition for Rehearing asks the same court that issued the opinion to reconsider its decision based upon a factual or legal error. A Petition for Review is a request for the Idaho Supreme Court to review a case issued by the Idaho Court of Appeals. If the petitions are not made or they are denied, the Court’s opinion is final.
The Supreme Court will then issue a remittitur, which instructs the district court to take any necessary action consistent with the opinion. The issuance of the remittitur means the appeal is completed and the opinion of the appellate court is final.
Contact McKenzie Law Offices. We can help you challenge your criminal conviction in Idaho.