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Takhsilov v. State

Supreme Court of Idaho

November 23, 2016

ALIK G. TAKHSILOV, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

         2016 Opinion No. 136

          Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Melissa Moody, District Judge.

         The judgment of the district court is affirmed.

          Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant. Dennis A. Benjamin argued.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. John C. McKinney argued.

          J. JONES, Chief Justice

         Alik Takhsilov appealed from the district court's summary dismissal of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to request a competency evaluation prior to his entry of guilty pleas. The Court of Appeals initially heard the appeal and vacated the summary dismissal. The State sought review, which this Court granted.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         During the pendency of his underlying criminal case, Takhsilov was deemed incompetent to proceed and was transferred to Idaho State Hospital South pursuant to Idaho Code section 18-212. Three months later, he was found to have regained competency, and he was returned to the district court. Takhsilov then entered guilty pleas to one count of robbery under Idaho Code section 18-6501 and one count of burglary under Idaho Code section 18-1404.

         Takhsilov filed a petition for post-conviction relief, claiming that his counsel was ineffective in failing to request a mental health evaluation under Idaho Code section 18-211 prior to the change of plea. He claims that when he entered the pleas he was again experiencing the symptoms that had originally rendered him incompetent, including hearing voices and being unable to understand the proceedings. The State moved for summary dismissal on the grounds that Takhsilov had not met his burden of providing sufficient facts to avoid dismissal because, among other things, he did not present an expert opinion that he was not competent at the time he entered his pleas. The district court gave notice of its intent to dismiss on the grounds asserted by the State and granted Takhsilov an extension to file a response, but no response was filed. The court subsequently dismissed the petition, and Takhsilov filed a timely notice of appeal. The Court of Appeals vacated the judgment, and the case is before this Court on review.

         II.

         ISSUES ON APPEAL

         1. Whether the State provided adequate notice of the grounds upon which ...


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