John M. Lonkey v. State
Background
- John M. Lonkey pled guilty to burglary (I.C. § 18-1401) and rape (I.C. § 18-6101) under a plea agreement; other charges were dismissed.
- Sentences: unified 10-year term (minimum 5 years) for burglary and concurrent unified life term (minimum 25 years) for rape. Lonkey appealed; this Court previously affirmed.
- Lonkey filed a verified petition for post-conviction relief alleging the State breached the plea agreement and that his sentences were excessive. Counsel was appointed for the petition.
- The district court issued a notice of intent to summarily dismiss the petition as barred by res judicata; Lonkey’s appointed counsel indicated no supplementation of the pro se petition would be made, and Lonkey did not respond.
- The district court summarily dismissed the petition under Idaho Code § 19-4906. Lonkey appealed, arguing ineffective assistance of trial and post-conviction counsel and contesting the summary dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the post-conviction petition was properly summarily dismissed | Lonkey argued his petition alleged facts sufficient to show ineffective assistance of trial and post-conviction counsel and that his claims were not barred | State argued claims were barred by res judicata and petition lacked admissible supporting evidence; summary dismissal appropriate | Affirmed: petition properly summarily dismissed; claims barred or not raised below and unsupported by admissible evidence |
| Whether appellate court may consider ineffective-assistance-of-trial-counsel claim raised for first time on appeal of summary dismissal | Lonkey urged appellate review of trial counsel ineffective assistance | State relied on preservation rule that issues not raised below cannot be considered on appeal | Not considered on appeal: claim not raised below, so court declined to address it |
| Whether appellate court may consider alleged ineffective assistance of post-conviction counsel raised for first time on appeal | Lonkey argued post-conviction counsel failed to assert trial-counsel claim and otherwise was ineffective | State argued such claims cannot be raised first on appeal and are not ground for relief | Not considered and rejected: issues raised first on appeal not reviewed; ineffective assistance of post-conviction counsel is not a statutory ground for relief |
| Whether summary dismissal standard applied correctly (sufficiency of petition/evidence) | Lonkey contended his petition (and requested supplementation) created genuine issues of material fact | State maintained the petition lacked required verified, admissible supporting evidence and the district court properly drew inferences from uncontroverted record | Affirmed: district court correctly applied Idaho summary-dismissal standards and found petitioner not entitled to relief |
Key Cases Cited
- Rhoades v. State, 148 Idaho 247 (Idaho 2009) (post-conviction proceedings are civil; appellate review standards explained)
- Goodwin v. State, 138 Idaho 269 (Ct. App. 2002) (burden to prove post-conviction allegations by preponderance)
- Wolf v. State, 152 Idaho 64 (Ct. App. 2011) (petition must be supported by admissible evidence or be subject to dismissal)
- Roman v. State, 125 Idaho 644 (Ct. App. 1994) (court need not accept conclusory allegations unsupported by admissible evidence)
- Hayes v. State, 146 Idaho 353 (Ct. App. 2008) (court may draw most probable inferences from uncontroverted evidence)
- Kelly v. State, 149 Idaho 517 (Idaho 2010) (grounds for summary dismissal of post-conviction claims)
- Charboneau v. State, 140 Idaho 789 (Idaho 2004) (if supporting facts, hearing required; otherwise dismissal)
- Fodge v. State, 121 Idaho 192 (Idaho 1992) (issues not raised below generally not considered on appeal)
- Fairchild v. State, 128 Idaho 311 (Ct. App. 1996) (post-conviction claims not raised below cannot be considered on appeal)
- Murphy v. State, 156 Idaho 389 (Idaho 2014) (ineffective assistance of post-conviction counsel is not a ground for post-conviction relief)