IDAHO PRISON BLOG IS EXPANDING AND CHANGING

As I mentioned in a previous post (HOW DO YOU WRITE THE POSTS FOR THIS SITE WHEN YOU'RE IN PRISON?) the Idaho Prison Blog is moving towards the future. With the help of Chris M. and David F., we are slowly moving past articles from Blogger to the Quora platform to make it easier to post, read and process content. Until all the bells, whistles and snags are worked out, we'll likely run both sites at the same time.

The first questions asked of me on the Quora site are as follows from someone identified only as Vasquez (from Texas):

> How many inmates actually appeal their sentences without a lawyer?

To begin, a (disclaimer) - I'm not a lawyer and cannot give legal advice. Next, this answer applies just to Direct Appeals, not other filings like Habeas Corpus or other Post Conviction proceedings.

At least in Idaho, it is rare that state prisoners will do the actual appeal themselves (also known as [pro se], or [pro per]) for a couple reasons. First, the law requires the attorney who represents a defendant to file the NOTICE OF APPEAL within 42 days of the sentence (or denial of probation after a period of retained jurisdiction) if the defendant wants to appeal. Usually, the judge who sentences a defendant will appoint a "state" (as opposed to a county or local) public defender to represent the defendant on direct appeal at or about the time of sentencing.

The second reason is that Idaho prisons [unlike most other state and federal systems] do not provide legal research materials (or law library) for prisoners to use to prepare their appeal - despite Idaho (and Federal) Appellate Rules and laws requiring prisoners to cite BOTH Argument and Authority when submitting appeal briefs.

> What is the process for a person sentenced to life in prison with no chance of parole? Is it possible for them to be released earlier if the judge grants them clemency?

In Idaho, life in prison without parole (also known as FIXED life, or LWOP) means until irreversible death. Some have argued there should be a number of years that equate to a life sentence as is true in some states (usually 25 - 40 years). Idaho, like most other states and federal jurisdictions, have sentencing minimums and maximums for specific crimes or circumstances, but Idaho seems to have a whole lot of things that can get someone sentenced to LWOP. If a judge hands down a sentence above or below these statutory allowances, the defendant must be resentenced.

While it is technically possible for a prisoner [in Idaho] to be released by a judge after being sentenced to LWOP, it is virtually unheard of. If the prisoner files a motion under Idaho Criminal Rule 35 within the limited time available and the judge has a change of heart, new information or other factors, the judge can reduce or restructure the sentence to something other than LWOP. Further, if the prisoner is granted a period of Retained Jurisdiction (also known as Shock Probation in some states), and successfully completes programs required - and the judge feels like it - the sentence might be reduced.

A note though - in Idaho, as in most jurisdictions, lower court judges lose jurisdiction over prisoners and/or their cases after specific time limits set by statutes, so they cannot do anything to reduce a sentence after that time even if they want to. Clemency, commutations, pardons and paroles are generally handled by agencies or entities other than judges or the judicial system.

Hope this answers your questions Vasquez.