Wheeler v. Idaho

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In 2014, petitioner-appellant Jeremy Wheeler was arrested and charged with possession of methamphetamine. Due to prior convictions of a similar nature, he was also charged with being a persistent violator. Wheeler filed a motion to suppress evidence that was denied by the district court. Consistent with Idaho Criminal Rule 11(e), Wheeler completed a written plea advisory form in 2015. There, he indicated that he was entering a conditional guilty plea, reserving his right to appeal the issue of his “motion to surpress [sic].” He appeared before the district court the next day and entered his guilty plea to the charge of possessing methamphetamine in exchange for dismissal of another criminal matter and the persistent violator allegation. Wheeler was sentenced to serve seven years, with three years fixed, and the district court retained jurisdiction for one year. On August 13, 2015, the district court relinquished jurisdiction at Wheeler’s request. Wheeler’s trial counsel filed a notice of appeal on September 14, 2015, purporting to challenge both the denial of Wheeler’s motion to suppress and his sentence. The State Appellate Public Defender (“SAPD”) was appointed to represent Wheeler on appeal. Wheeler’s SAPD attorney informed him that his appeal from the denial of the motion to suppress was untimely and recommended that Wheeler file a petition for post-conviction relief alleging ineffective assistance of trial counsel for failing to timely appeal from the denial of his motion to suppress. Wheeler filed a pro se petition for post-conviction relief. The State moved for summary dismissal of the petition. The district court granted the motion, finding that Wheeler’s claim that trial counsel had failed to timely appeal the denial of the motion to suppress was groundless. Wheeler timely appealed. The State conceded that the district court erroneously dismissed Wheeler’s petition for post-conviction relief based upon his then-pending direct appeal, and because the Idaho Supreme Court found there was a genuine issue of material fact as to the alternative ground for affirmance posited by the State, the Court vacated the district court’s order dismissing Wheeler’s petition for post-conviction relief and remanded for further proceedings. View "Wheeler v. Idaho" on Justia Law