Morgan v. SEXUAL OFFENDER CLASS. BD.

197 P.3d 797, 146 Idaho 484
CourtIdaho Court of Appeals
DecidedNovember 14, 2008
Docket34851
StatusPublished

This text of 197 P.3d 797 (Morgan v. SEXUAL OFFENDER CLASS. BD.) 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
Morgan v. SEXUAL OFFENDER CLASS. BD., 197 P.3d 797, 146 Idaho 484 (Idaho Ct. App. 2008).

Opinion

197 P.3d 797 (2008)

Evan Edward MORGAN, Jr., Petitioner-Appellant,
v.
SEXUAL OFFENDER CLASSIFICATION BOARD, Respondent.

No. 34851.

Court of Appeals of Idaho.

November 14, 2008.

*798 Alan E. Trimming, Ada County Public Defender; Richard D. Toothman, Deputy Public Defender, Boise, for appellant. Richard D. Toothman argued.

Hon. Lawrence G. Wasden, Attorney General; Mark A. Kubinski, Deputy Attorney General, Boise, for respondent. Mark A. Kubinski argued.

WALTERS, Judge Pro Tem.

This is an appeal from the district court's order affirming the designation of Evan Edward Morgan, Jr., as a violent sexual predator (VSP) by the Sexual Offender Classification Board (the board). For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In 1998, Morgan pled guilty to lewd and lascivious conduct with a minor and possession of sexually exploitative material. The lewd and lascivious conduct related to Morgan's inappropriate touching of a five-year-old neighbor girl. Morgan is, and was at the time he committed lewd and lascivious conduct, confined to a wheelchair and lacks feeling below his waist.

In conjunction with Morgan receiving a tentative parole date, the board designated him as a VSP. Morgan filed a notice of intent to appeal this designation, and the district court appointed him counsel. Morgan then filed a motion requesting the district court to release the documents that the board had relied upon in concluding Morgan was a VSP. The district court entered an order denying Morgan's request for the documents. The parties submitted briefs, and the district court held a hearing on Morgan's claims. After the hearing, the district court entered an order affirming the decision of the board. Morgan appeals.

II.

STANDARD OF REVIEW

An offender's challenge to being designated as a VSP initiates a "nonadversarial" proceeding which is civil and remedial in nature. *799 I.C. § 18-8321(1). Judicial review of the board's determination is governed by the Sexual Offender Registration Act (the Act). I.C. § 18-8321; cf. I.R.C.P. 84(e) (guiding judicial review where authorizing statute or law does not provide the procedure). The state bears the burden of presenting a prima facie case to justify the VSP designation. I.C. § 18-8321(10).

The offender is entitled to challenge the VSP designation only by introducing evidence that the designation resulted from a miscalculation or is not appropriate given the specific facts of the offender's case. I.C. § 18-8321(12)(a), (b); Lightner v. State, 142 Idaho 324, 326, 127 P.3d 227, 229 (Ct.App. 2005). The Act does not confine the district court's review to any record created before the board. Rather, the Act provides that the district court may take new evidence. I.C. § 18-8321(5), (9). See also I.R.C.P. 84(e)(1). The rules of evidence are inapplicable, and the court may rely on documentary evidence. I.C. § 18-8321(6), (7). The Act provides that judicial review may be conducted as a summary, in-camera review proceeding in which the court decides only whether to affirm or reverse the board's designation of the offender as a VSP. I.C. § 18-8321(4). However, if an offender's proof consists of reliable hearsay, affidavits or offers of live testimony that create a genuine issue of material fact as to whether the offender is a VSP, the district court should convene a fact-finding hearing to permit live testimony. I.C. § 18-8321(9). Where the offender's allegations are immaterial, conclusory or unsubstantiated, it is appropriate to forgo the fact-finding hearing, even if the state does not controvert the offender's allegations. Lightner, 142 Idaho at 326, 127 P.3d at 229. Cf. Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct. App.1994) (applying procedural equivalent of summary judgment to summary dismissal under Uniform Post-Conviction Procedure Act); Baruth v. Gardner, 110 Idaho 156, 159, 715 P.2d 369, 372 (Ct.App.1986) (holding no entitlement to evidentiary hearing where applicant for post-conviction relief makes conclusory allegations).

After the decision whether to hold a fact-finding hearing, the district court must decide either to affirm or reverse the board's designation of the offender as a VSP. I.C. § 18-8321(4). The court must affirm the board's determination unless persuaded by a preponderance of the evidence that it does not conform to the law or the guidelines. I.C. § 18-8321(11). Thus, the court must reweigh the evidence pertaining to the state's prima facie case and the offender's challenge. Lightner, 142 Idaho at 326, 127 P.3d at 229.

Accordingly, we do not review the record independent of the district court's decision. Id. Nor will we disturb the lower court's factual findings unless they are clearly erroneous. Id. See also I.C.P. 52(a). The credibility of the witnesses, the weight to be given to the evidence, and the inferences to be drawn from the evidence are all matters solely within the province of the district court. Lightner, 142 Idaho at 326, 127 P.3d at 229. Our review is limited to ascertaining whether the evidence supports the findings of fact and whether the findings of fact support the conclusions of law. Id.

III.

ANALYSIS

A. Access to Documents

Morgan asserts that the district court erred in denying him access to the documents used by the board to designate him as a VSP. The board counters that the Act provides that an offender is only entitled to a summary of the information used in calculating VSP designation—a summary that Morgan received—and that, therefore, the district court did not err in denying his request.

Idaho Code Section 18-8321(12)(a) sets forth one of the two enumerated statutory grounds for an offender to challenge his or her designation as a VSP as follows:

The offender may introduce evidence that the calculation that led to the designation as a violent sexual predator was incorrectly performed either because of a factual error, because the offender disputes a prior offense, because the variable factors were improperly determined, or for similar reasons. *800 Based on the language of I.C. § 18-8321(12)(a), Morgan filed a motion requesting that the district court "release the documents containing the calculation that led to [him] being classified as a violent sexual predator."

Idaho Code Section 18-8321 referred to in the district court's denial of Morgan's request provides, in pertinent part:

(3) Upon notification of a date for a summary hearing, the prosecutor shall forthwith turn over all papers, documents and other relevant material to the court. A written summarization of information relied upon by the sexual offender classification board may be made available to the offender. However the following documents produced by the sexual offender classification board shall be withheld from disclosure and available only for in camera review by the court:
(a) Records that contain names and addresses, identifying information or any information that would lead to the identification of any victims or witnesses;
(b) Written statements or testimony of victims, witnesses, guardians or persons representing victims or witnesses;

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Related

Roman v. State
873 P.2d 898 (Idaho Court of Appeals, 1994)
Baruth v. Gardner
715 P.2d 369 (Idaho Court of Appeals, 1986)
Lightner v. State
127 P.3d 227 (Idaho Court of Appeals, 2005)

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Bluebook (online)
197 P.3d 797, 146 Idaho 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-sexual-offender-class-bd-idahoctapp-2008.