Jimmy D. Leytham v. State

379 P.3d 354, 160 Idaho 764, 2016 Ida. App. LEXIS 95
CourtIdaho Court of Appeals
DecidedAugust 10, 2016
DocketDocket 43551
StatusPublished
Cited by2 cases

This text of 379 P.3d 354 (Jimmy D. Leytham v. State) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jimmy D. Leytham v. State, 379 P.3d 354, 160 Idaho 764, 2016 Ida. App. LEXIS 95 (Idaho Ct. App. 2016).

Opinion

MELANSON, Chief Judge

Jimmy D. Leytham appeals from the district court’s judgment summarily dismissing Leytham’s petition for post-conviction relief. Specifically,- Leytham alleges the district court abused' its discretion in denying his motion for discovery seeking to depose tidal counsel and erred in summarily dismissing the petition. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In the underlying case, Leytham pled guilty to forgery. I.C. § 18-3601. Leytham filed a petition for post-conviction relief, making a number of claims of ineffective assistance of trial counsel. Leytham alleged that he placed more than twenty calls to his attorney, which were never returned; he asked his attorney for a binding plea agreement but was told that the judge would not allow it; he asked his counsel to recuse the district judge but his counsel refused, .explaining that he and the judge were good friends; counsel did not contact Leytham before a court appearance and that counsel’s law partner,, who was not familiar with Leytham’s case, appeared at that hearing; counsel told Leytham that if he plead guilty he would be placed on probation; and that counsel told Leytham to say at the plea hearing that no promises were made regarding his sentence. 1

Leytham filed a motion for discovery seeking to depose his trial counsel regarding his claims. The district ■ court explained that it believed Leytham was “engaged in nothing but a fishing expedition.” After explaining that Leytham’s claims were ineffective assistance of counsel for failing to investigate and for failing to effectively communicate, the district court held:

These are routine matters. Other than cursory. claims that, he wants to inquire regarding investigation of his issues, the Court finds Leytham made no showing why the discovery he requests is necessary to his application. Leytham’s claims are abstract. Raudebaugh v. State, 135 Idaho 602, 605, 21 P.3d 924, 927 (2001).
Therefore, in an exercise of discretion, the Court denies [Leytham’s] motion.

Upon motion from the -state, the district court summarily dismissed Leytham’s petition, holding that Leytham failed to present sufficient evidence to raise a genuine issue of material fact regarding ineffective assistance of trial counsel. Leytham appeals.

II.

ANALYSIS

A. Denial of Discovery

Leytham alleges the district court abused its discretion in denying Leytham’s request to depose his trial counsel. When a petitioner believes discovery is necessary for acquisition of evidence to support a claim for post-conviction relief, the petitioner must obtain authorization from the district court to conduct discovery. I.C.R. 57(b); Raudebaugh v. State, 135 Idaho 602, 605, 21 P.3d 924, 927 (2001). Discovery in a post-conviction action is not required unless necessary to protect a petitioner’s substantial rights. Murphy v. State, 143 Idaho 139, 148, 139 P.3d 741, 750 (Ct. App. 2006); Griffith v. State, 121 Idaho 371, 375, 825 P.2d 94, 98 (Ct. App. 1992). Discovery may be denied where the petitioner’s claims are nothing more than speculation, unsupported by any evidence. Raudebaugh, 135 Idaho at 605, 21 P.3d at 927. Indeed, discovery may not be used to engage in “fishing expeditions,” as post-conviction actions provide a forum for known grievances, not an opportunity to search for them. Murphy, 143 Idaho at 148, 139 P.3d at 750. Whether to authorize discovery is a matter directed to the discretion of the court. Raudebaugh, 135 Idaho at 605, 21 P.3d at 927.

*768 The threshold issue here is whether discovery was necessary to protect one of Leyt-ham’s substantial rights. It appears that Leytham alleges discovery was necessary to protect his right to assistance of counsel. While the right to assistance of counsel is a substantial right, discovery was not necessary to protect that right in this ease. All of Leytham’s allegations of ineffective assistance of counsel were based upon his interactions (or lack thereof) with counsel. Because Leytham had personal knowledge of his interactions with counsel, his affidavit was admissible evidence for purposes of raising a genuine issue of material fact regarding ineffective assistance of trial counsel. Leytham filed an affidavit with his petition for post-conviction relief, which provided the factual basis for his claims. Leytham’s request to depose counsel appears to have been an effort to corroborate the evidence provided in Leytham’s affidavit, rather than acquire evidence that was otherwise unavailable to him. Because discovery was not necessary to protect one of Leytham’s substantial rights, the district court did not err in denying Leyt-ham’s motion for discovery.

B. Summary Dismissal

Leytham alleges the district court erred in summarily dismissing his petition for post-conviction relief. Specifically, Leytham alleges that he raised a genuine issue of material fact as to whether his trial counsel was ineffective for failing to properly advise him regarding the potential sentence resulting from his guilty plea.

A petition for post-conviction relief initiates a proceeding that is civil in nature. I.C. § 19-4907; Rhoades v. State, 148 Idaho 247, 249, 220 P.3d 1066, 1068 (2009); State v. Bearshield, 104 Idaho 676, 678, 662 P.2d 548, 550 (1983); Murray v. State, 121 Idaho 918, 921, 828 P.2d 1323, 1326 (Ct. App. 1992). Like a plaintiff in a civil action, the petitioner must prove by a preponderance of evidence the allegations upon which the request for post-conviction relief is based. Goodwin v. State, 138 Idaho 269, 271, 61 P.3d 626, 628 (Ct. App. 2002). A petition for post-conviction relief differs from a complaint in an ordinary civil action. Dunlap v. State, 141 Idaho 50, 56, 106 P.3d 376, 382 (2004). A petition 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). Rather, a petition for post-conviction relief must be verified with respect to facts within the personal knowledge of the petitioner, and affidavits, records, or other evidence supporting its allegations must be attached or the petition must state why such supporting evidence is not included with the petition. I.C. § 19-4903. In other words, the petition must present or be accompanied by admissible evidence supporting its allegations or the petition will be subject to dismissal. Wolf v. State,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Nugent
Idaho Court of Appeals, 2024
Bakke v. State
Idaho Court of Appeals, 2022

Cite This Page — Counsel Stack

Bluebook (online)
379 P.3d 354, 160 Idaho 764, 2016 Ida. App. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimmy-d-leytham-v-state-idahoctapp-2016.