PRISONER LAWSUIT SEEKING FUNDAMENTAL FAIRNESS IN ACCESS TO COURTS DISMISSED BY MAGISTRATE - NOTICE OF APPEAL FILED

As it stands, the Idaho Department of Correction does not provide, or in some cases even allow prisoners legal research materials commonly referred to as "case law" - legal rulings made by courts of appeal and supreme courts - state and federal. This denial of information is designed specifically to keep prisoners from being able to appeal their criminal convictions or sentences, bringing lawsuits against the department or defending their rights in court.

The IDOC is only 1 of 2 states that do not provide prisoners access to some sort of law library - physical (books) or electronic - containing case law because most courts (including Idaho and federal courts) REQUIRE parties to cite "argument and authority"... otherwise the case is automatically dismissed. Of course, that argument and authority is derived from case law.

According to the law, persons acting pro se (without a lawyer) are held to the same pleading standards as attorneys when it comes to citing argument and authority in legal briefings. This gives the state a tremendous and unconscionable advantage in every case where a prisoner cannot afford to hire an attorney or for any reason is prosecuting or defending a case pro se. It's also tremendous incentive for the state to keep as much case law out of the hands of prisoners as possible.

Below are links to the original petition filed by prisoner Dale Shackelford, the Order of the magistrate* dismissing the petition and the Notice of Appeal. Future documents related to this case will be posted as they become available.

* The Magistrate was acting in the role of a district court judge in this matter.

> PETITION FOR WRIT OF HABEAS CORPUS (Idaho Code 19-4201)

> ORDER OF DISMISSAL

> NOTICE OF APPEAL

For more reading and information on this issue, see IDAHO PRISONERS SEEK ACLU ASSISTANCE IN LAWSUIT TO OBTAIN LAW LIBRARY FACILITIES on this site originally posted in 2017.

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