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State v. Blackburn

579 P.2d 1205, 99 Idaho 222, 1978 Ida. LEXIS 405
CourtIdaho Supreme Court
DecidedJune 13, 1978
Docket12233
StatusPublished
Cited by19 cases

This text of 579 P.2d 1205 (State v. Blackburn) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blackburn, 579 P.2d 1205, 99 Idaho 222, 1978 Ida. LEXIS 405 (Idaho 1978).

Opinions

DONALDSON, Justice.

The defendant-appellant, Kerry Dale Blackburn, was arrested in Wallace, Idaho, on November 30, 1975, for robbery. The following day the Shoshone County Public Defender was appointed to represent Blackburn. On February 9, 1976, Blackburn, on the advice of his court appointed counsel, entered a plea of guilty to the charges. Blackburn was thereafter sentenced to a maximum term of ten years in the state penitentiary.

Blackburn appealed, requesting this Court to set aside his guilty plea and to remand for trial. The only issue raised by Blackburn on appeal concerns competency of this trial counsel. Blackburn claims that because of incompetency on the part of his trial counsel, his guilty plea was involuntary and he was denied reasonable assistance of counsel.

Blackburn alleges that his trial counsel was incompetent in that his trial counsel:

(1) conferred only infrequently with his client and did not work closely with him; (2) did only a minimal amount of work on his client’s case; (3) did not conduct all necessary investigations for his client; (4) did not ascertain all defenses that were available to his client nor develop appropriate defenses; and (5) did not move to suppress evidence which had been illegally obtained.

All of Blackburn’s allegations are based on matters outside the record.1 The record before us on this appeal is devoid of any factual information to support Blackburn’s claims. The proper forum for rais[223]*223ing these allegations is post conviction proceedings as provided by I.C. § 19-4901 et seq.

Judgment affirmed.

SHEPARD, C. J., and McFADDEN, BAKES and BISTLINE, JJ., concur.

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State v. Blackburn
579 P.2d 1205 (Idaho Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
579 P.2d 1205, 99 Idaho 222, 1978 Ida. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackburn-idaho-1978.