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Rawley v. State

Court of Appeals of Idaho

November 26, 2013

KENNETH D. RAWLEY, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 767

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Jeff M. Brudie, District Judge.

Order summarily dismissing petition for post-conviction relief, affirmed.

Kenneth D. Rawley, Orofino, pro se appellant.

Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.

GRATTON, Judge

Kenneth D. Rawley appeals from the district court's summary dismissal of his petition for post-conviction relief. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

This Court reviewed the circumstances of Rawley's conviction in State v. Rawley, Docket No. 32440 (Ct. App. Aug. 27, 2008) (unpublished):

Early in the morning on New Year's Day, a fight broke out in a bar in Northern Idaho. The fight resulted in the victim being stabbed in the neck with a sharp object. The stab wound required the victim to be flown to Spokane for several hours of emergency surgery. Based on the incidents surrounding the fight, Rawley was charged with three counts of misdemeanor battery for punching three individuals and one count of aggravated battery for stabbing the victim. Rawley pled not guilty and the case proceeded to trial.
Shortly before Rawley's trial, a retired Emergency Medical Technician (the EMT) was disclosed to be called as a witness by the state. On the second day of Rawley's trial, the EMT arrived and spoke to the prosecutor in the hall.
After discussing the matter, the EMT did not testify at that time and was told by the prosecutor that her testimony was no longer needed. Rawley's counsel then spoke with the EMT, and she subsequently testified on Rawley's behalf. The EMT testified that, as she went to render aid to the victim, she bumped into a man who had tattoos on his arms and face, had blood on his hands and face, and was carrying what looked like it could have been a knife. Despite the similarities between the man the EMT described and Rawley, the EMT testified that the man she bumped into was not Rawley. Several other witnesses testified that Rawley provoked the fight inside the bar, that Rawley was the only individual involved in the fight with the victim the evening in question, and that Rawley punched the victim in the jaw seconds before the victim's stab wound in his neck was discovered.
A jury found Rawley guilty of all counts, including the aggravated battery charge at issue in this appeal. I.C. ยงยง 18-903, 18-907. The district court entered a judgment of conviction and sentenced Rawley to a unified term of fifteen years, with a twelve-year minimum period of confinement. Rawley appeals, challenging the denial of his motion for a mistrial, asserting claims of prosecutorial misconduct, ...

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