DIRECT APPEAL DEADLINES - INFORMATION FOR NEW IDAHO PRISONERS
Under Idaho Appellate Rules (IAR 14) appeals from conviction on a criminal charge and/or sentence (also known as a Direct Appeal), must be filed with the court within 42 days of the court entering the sentence or other final judgement. This includes not only those sentenced to prison time, but to felony probation as well. If this (Notice of) appeal is not filed in a timely manner, then any future proceedings on claims required to be addressed on direct appeal will likely be prohibited (known as a "procedural default"). Despite filing a Notice of Appeal, the appeal itself can be amended or dropped at any time in the future if appropriate without penalty.
Although is is customary for the attorney representing the convicted person at the trial, plea and/or sentencing to file the direct appeal with the court, it doesn't always work out that way. Due to the importance of getting a direct appeal filed within the 42 days, feel free to print and send this entire post to anyone you know that might be headed to, or has just arrived in an Idaho prison. Oh - and remember, I am not a licensed attorney and cannot give legal advice as to the intent or effect of any document.
Most Idaho prisoners, upon being sentenced to a term of imprisonment in state prison will sit in the county jail for at least a few days before being transferred to an actual prison. Once in the prison, the prisoner will usually be assigned to the Reception and Diagnostic Unit where they will be given various orientations, undergo medical screenings and be classified by staff based on a number of different factors. Prisoners may be assigned to general population, protective custody, discliplinary or other type of administrative segregation. Assignment to the RDU may last from a couple weeks to a couple months, depending on facility and other needs. During this time, regardless of what you might be going through, the 42 day clock continues to run.
I would suggest to any Idaho state prisoner that the very first thing s/he should do upon arriving at the RDU is to request an ACCESS TO COURTS REQUEST FORM from from unit staff. This form, available in both English and Spanish allows you to request various forms and "packets" (packets usually contain instructions and maybe some information related to the activity for which the form is intended). The documents will either be mailed to you or you may be contacted by the institutional paralegal to pick them up. Be sure the packet also includes a document requestig appointment of counsel on appeal as well as a Motion to Proceed In Forma Pauperis.
To appeal your conviction, you would request the "Appeal - General" form and neatly print the information requested. If you do not have a black pen and are indigent, you may also check the boxes on the form for "Indigent Pen and/or Indigent Paper". MAKE SURE you sign and date the Access to Courts form and put it in the box designated for these forms so that it may be processed.
If you don't have all the information necessary to complete the Notice of Appeal, you can look at the Sentence and Judgment documents supplied to you by the court (or through your lawyer) at the time of sentencing and/or the official IDOC Time Calculation Sheet supplied by staff while you are in RDU (you may also request a Time Calculation Sheet from IDOC Records on a Concern form). Either of these forms will have the style of the case, the county information, case number(s), charges and sentence(s).
When you receive the Notice of Appeal packet, be sure the packet also includes a document requesting the appointment of counsel on appeal as well as a Motion to Proceed In Forma Pauperis. These documents too must be completely filled out and in the case of the Motion to Proceed In Forma Pauperis (telling the court that you do not have the money to hire an attorney or pay filing fees), the paralegal will print out (and certify) your prison account statement to be included with the filings. (NOTE: There are no filing fees to appeal a criminal conviction in Idaho.)
Once you have completed the Notice of Appeal and attendant forms, you should again contact the institutional paralegal using the ACCESS TO COURTS REQUEST form, and check each of the appropriate boxes for MAILING, COPIES and TALK TO PARALEGAL. The paralegal will schedule you for an appointment. At the appointment, explain to the paralegal what you have, and that you need copies for yourself and the county prosecutor. The paralegal should review your materials and will make the appropriate number of copies. The original Notice of Appeal and attendant documents should be mailed to the Clerk of the Court in the county where you were convicted/sentenced (the paralegal can provide you with the proper address.
If you are indigent, the paralegal will supply copies at no cost, as well as appropriate envelopes to allow you mail the document without postage costs. If you are not indigent, the paralegal will instruct you how to fill out the necessary paperwork [withdrawal slip] to charge the costs to your offender trust account.
For more information on IDOC [prisoner] Access to the Courts, see SOP 405.02.01.001.
Although is is customary for the attorney representing the convicted person at the trial, plea and/or sentencing to file the direct appeal with the court, it doesn't always work out that way. Due to the importance of getting a direct appeal filed within the 42 days, feel free to print and send this entire post to anyone you know that might be headed to, or has just arrived in an Idaho prison. Oh - and remember, I am not a licensed attorney and cannot give legal advice as to the intent or effect of any document.
Most Idaho prisoners, upon being sentenced to a term of imprisonment in state prison will sit in the county jail for at least a few days before being transferred to an actual prison. Once in the prison, the prisoner will usually be assigned to the Reception and Diagnostic Unit where they will be given various orientations, undergo medical screenings and be classified by staff based on a number of different factors. Prisoners may be assigned to general population, protective custody, discliplinary or other type of administrative segregation. Assignment to the RDU may last from a couple weeks to a couple months, depending on facility and other needs. During this time, regardless of what you might be going through, the 42 day clock continues to run.
I would suggest to any Idaho state prisoner that the very first thing s/he should do upon arriving at the RDU is to request an ACCESS TO COURTS REQUEST FORM from from unit staff. This form, available in both English and Spanish allows you to request various forms and "packets" (packets usually contain instructions and maybe some information related to the activity for which the form is intended). The documents will either be mailed to you or you may be contacted by the institutional paralegal to pick them up. Be sure the packet also includes a document requestig appointment of counsel on appeal as well as a Motion to Proceed In Forma Pauperis.
To appeal your conviction, you would request the "Appeal - General" form and neatly print the information requested. If you do not have a black pen and are indigent, you may also check the boxes on the form for "Indigent Pen and/or Indigent Paper". MAKE SURE you sign and date the Access to Courts form and put it in the box designated for these forms so that it may be processed.
If you don't have all the information necessary to complete the Notice of Appeal, you can look at the Sentence and Judgment documents supplied to you by the court (or through your lawyer) at the time of sentencing and/or the official IDOC Time Calculation Sheet supplied by staff while you are in RDU (you may also request a Time Calculation Sheet from IDOC Records on a Concern form). Either of these forms will have the style of the case, the county information, case number(s), charges and sentence(s).
When you receive the Notice of Appeal packet, be sure the packet also includes a document requesting the appointment of counsel on appeal as well as a Motion to Proceed In Forma Pauperis. These documents too must be completely filled out and in the case of the Motion to Proceed In Forma Pauperis (telling the court that you do not have the money to hire an attorney or pay filing fees), the paralegal will print out (and certify) your prison account statement to be included with the filings. (NOTE: There are no filing fees to appeal a criminal conviction in Idaho.)
Once you have completed the Notice of Appeal and attendant forms, you should again contact the institutional paralegal using the ACCESS TO COURTS REQUEST form, and check each of the appropriate boxes for MAILING, COPIES and TALK TO PARALEGAL. The paralegal will schedule you for an appointment. At the appointment, explain to the paralegal what you have, and that you need copies for yourself and the county prosecutor. The paralegal should review your materials and will make the appropriate number of copies. The original Notice of Appeal and attendant documents should be mailed to the Clerk of the Court in the county where you were convicted/sentenced (the paralegal can provide you with the proper address.
If you are indigent, the paralegal will supply copies at no cost, as well as appropriate envelopes to allow you mail the document without postage costs. If you are not indigent, the paralegal will instruct you how to fill out the necessary paperwork [withdrawal slip] to charge the costs to your offender trust account.
For more information on IDOC [prisoner] Access to the Courts, see SOP 405.02.01.001.