Background

• January 16, 2005: Leonard Kellum dies from gunshot wounds; Booth is suspected and later charged with first-degree murder.
• Booth was represented by attorney Richard Harris; death penalty was not sought, making the case non-capital.
• Prosecutor Wolff discussed using a special verdict form for statutory aggravating circumstances under I.C. § 18-4004, though in a non-capital context.
• Harris prepared a memorandum outlining that, if Booth went to trial and a statutory aggravating circumstance existed, he could face a fixed life sentence; advised a plea to avoid the risk.
• Booth entered a Rule 11 plea agreeing to first-degree murder with the State agreeing not to pursue aggravating circumstances; district court sentenced Booth to an indeterminate life with a 30-year fixed portion.
• Booth sought post-conviction relief alleging ineffective assistance of counsel based on Harris’s erroneous legal advice and coercive tactics; the district court granted relief and withdrew the guilty plea; the State appealed.

Issues

Key Cases Cited

• Padilla v. Kentucky, 559 U.S. 356 (Supreme Court 2010) (duty to provide correct sentencing/immigration consequences when clearly defined)
• Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel (deficient performance and prejudice))
• McKeeth v. State, 140 Idaho 847 (Idaho 2004) (apply Strickland to plea-process counsel guidance)
• Ridgley v. State, 148 Idaho 671 (Idaho 2010) (prejudice inquiry focuses on defendant’s state of mind when pleading guilty)
• Dunlap v. State, 141 Idaho 50 (Idaho 2004) (voluntariness of plea depends on competent advice under plea framework)
• McKay v. State, 148 Idaho 567 (Idaho 2010) ( Sixth Amendment right; standards for ineffective assistance)
• Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice standard when evaluating guilty plea decisions)