McKinney v. Idaho

In 1981, a jury found Randy McKinney guilty of first degree murder (both by premeditated killing and by felony murder), conspiracy to commit murder, robbery, and conspiracy to commit robbery for the April 1981 shooting death of Robert Bishop, Jr. In 1982, the district court sentenced McKinney to death for first degree murder, an indeterminate thirty years for conspiracy to commit murder and conspiracy to commit robbery, and fixed life for robbery. In 1997, McKinney filed a petition for habeas corpus in federal district court, and in 2009, the court ruled that he was not entitled to any relief related to the guilt phase of his state case but that he was entitled to resentencing because of the ineffective assistance of his attorney at the capital sentencing hearing. Rather than appealing the court’s decision, the State and McKinney entered into a binding sentencing agreement titled “Rule 11 Sentencing Agreement” in which they agreed that McKinney would “be sentenced to a term of fixed life without the possibility of parole for the crime of first-degree murder, concurrent with his sentences for conspiracy to commit murder, robbery and conspiracy to commit robbery.” McKinney was sentenced in accordance with the plea agreement. In 2010, McKinney filed a motion pursuant to Idaho Criminal Rule 35 to correct an illegal sentence, contending that being sentenced for both robbery and first-degree murder was barred by the state and federal double jeopardy clauses and a multiple-punishment statute that was in effect when he committed the crimes. This motion was denied. Then in 2013, McKinney moved for post-conviction relief; the State moved to dismiss this petition. The district court found no genuine issue of material fact alleged, and dismissed the petition. McKinney appealed that dismissal, but finding no error in that judgment, the Idaho Supreme Court affirmed. View "McKinney v. Idaho" on Justia Law