Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Daly

Supreme Court of Idaho

April 12, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
JAMES GREER DALY, Defendant-Appellant.

         2017 Opinion No. 31

         Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Deborah A. Bail, 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. Kenneth K. Jorgensen argued.

          BRODY, Justice

         This case reviews a district court's denial of a defendant's motions to substitute counsel and to continue his sentencing.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         In May 2012, James Greer Daly was charged with six felony counts of Lewd and Lascivious Conduct with a Minor Under Sixteen. Pursuant to a plea agreement, Daly pleaded guilty to one count. At the beginning of the sentencing hearing, Daly moved to substitute counsel. The district court denied the motion. Daly then moved to continue the hearing, so that new counsel could be present for sentencing. The district court also denied this motion, indicating "[w]e have already continued the sentencing in this case for a month to get an additional mental health evaluation, and I don't think that would be a sensible course of action." The district court then sentenced Daly to twenty years, with three years fixed, and retained jurisdiction.

         Daly filed a timely notice of appeal. In February 2013, his appeal was dismissed for failure to pay the required $100 fee. In November 2013, Daly initiated post-conviction proceedings, asserting, among other things, ineffective assistance of counsel. Nearly all of Daly's claims were dismissed with prejudice. The district court did find that counsel was ineffective in failing to notify Daly of the $100 appeal fee, and on that claim only, granted post-conviction relief. To enable Daly to appeal his conviction, instead of amending the judgment, the district court re-entered judgment nunc pro tunc. Daly again filed a timely notice of appeal, and the case was assigned to the Court of Appeals.

         The Court of Appeals reviewed the case and held that: (1) it had jurisdiction over Daly's claims under the nunc pro tunc judgment because it related back to the original judgment and enabled Daly to appeal any issues in the original judgment; and (2) Daly did not receive the "full and fair" hearing he should have received on his motion to substitute counsel. Accordingly, the Court of Appeals remanded for a hearing on the motion to substitute counsel and the motion for a continuance. The State petitioned this Court for review of the Court of Appeals decision, specifically on the question of whether the duty to inquire into the reasons for requesting substitute counsel applies to retained counsel. This Court granted the State's petition for review. Prior to hearing before this Court, Daly moved to dismiss his appeal and vacate the Court of Appeals decision because he had been granted parole. The State concurred in the motion, provided the Court of Appeals decision was vacated in the dismissal. This Court denied the motion and heard oral argument.

         II. ISSUES PRESENTED ON APPEAL

1. Whether this Court has jurisdiction to hear Daly's appeal.
2. Whether the district court erred in denying Daly's motion to substitute counsel and his motion to continue the sentencing hearing so ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.