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Schultz v. State

Court of Appeals of Idaho

December 30, 2013

Wally Kay SCHULTZ, Petitioner-Appellant,
v.
STATE of Idaho, Respondent.

Review Denied Feb. 24, 2014.

Page 647

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Fuller Law Offices, Twin Falls, for appellant. Daniel S. Brown argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

SCHWARTZMAN, Judge Pro Tem.

Wally Kay Schultz appeals from the district court's order summarily dismissing his petition for post-conviction relief and the denial of his motion for reconsideration. Schultz claims his due process rights were violated by the State's failure to disclose information before he pled guilty to possession of a controlled substance. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, Schultz pled guilty to possession of methamphetamine, a violation of Idaho Code ยง 37-2732(c)(1). The district court sentenced Schultz to a determinate term of five years to run concurrently with a sentence in another case.[1] In 2011, Schultz received a letter indicating the Idaho State Police disclosed information potentially relevant to his case. The letter reviewed misconduct that occurred at the Idaho State Police Forensic Laboratory in Pocatello, Idaho. Between 2003 and 2011, several forensic scientists maintained an unauthorized box of controlled substances at the Pocatello laboratory. They utilized the undocumented drugs for training and display purposes, and intentionally hid them from auditors. The drugs were unaccounted for and were not maintained according to quality control practices. One of the forensic scientists involved in the misconduct tested the substance in Schultz's case and was on the State's witness list for Schultz's trial. The information contained in the letter had not been disclosed to Schultz before he pled guilty.[2]

Page 650

Upon learning of the misconduct, Schultz filed a pro se petition for post-conviction relief and was appointed counsel. The State thereafter moved to summarily dismiss Schultz's petition, and attached a sworn affidavit from the Idaho State Police Forensic Services Quality Manager indicating the alleged misconduct did not involve forensic testing, and that the American Society of Crime Laboratory Directors-Lab Accreditation Board was satisfied with the actions taken by the Idaho State Police to resolve the issue. After receiving briefing and hearing ...


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