ALIK G. TAKHSILOV, Petitioner-Appellant,
STATE OF IDAHO, Respondent.
Opinion No. 136
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Hon. Melissa Moody, District
judgment of the district court is affirmed.
Benjamin, McKay & Bartlett, LLP, Boise, for appellant.
Dennis A. Benjamin argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
respondent. John C. McKinney argued.
JONES, Chief Justice
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
AND PROCEDURAL BACKGROUND
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
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.
Whether the State provided adequate notice of the grounds
upon which ...