Kenneth Hallquist v. State
Background
- Hallquist pled guilty to one felony count of intimidating a witness and two misdemeanor counts of violating a no-contact order; district court imposed a unified sentence of five years with one year determinate and local jail time for the misdemeanors; no appeal was taken.
- After retained jurisdiction, the district court placed Hallquist on probation and later denied his Rule 35 motions for leniency and for leave to supplement; this court affirmed in an unpublished opinion.
- Hallquist filed a pro se petition for post-conviction relief; counsel was appointed but did not amend the petition, instead submitting a brief and requesting an evidentiary hearing.
- Hallquist asserted that his preliminary hearing was waived because the State’s prosecuting attorney bullied, intimidated, and threatened him with additional charges unless he waived the hearing.
- The State moved to dismiss the petition as legally insufficient; Hallquist did not respond within the time given; the district court granted the motion and dismissed the petition.
- On appeal, the court held that a valid guilty plea waives non-jurisdictional defects and that Hallquist’s plea and record negate relief on the preliminary-hearing claim, supporting summary dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver effect of guilty plea on pre-trial claims | Hallquist contends the preliminary-hearing claim survives as true evidence. | State argues plea waives non-jurisdictional defects and the claim is unsupported. | Waiver applies; plea validly disposes of the issue |
Key Cases Cited
- Rhoades v. State, 148 Idaho 247 (2009) (post-conviction standard and civil nature of the proceeding)
- Goodwin v. State, 138 Idaho 269 (Ct. App. 2002) (preponderance of evidence standard in post-conviction relief)
- Roman v. State, 125 Idaho 644 (Ct. App. 1994) (trial court not bound to accept conclusory allegations)
- Dunlap v. State, 141 Idaho 50 (2004) (distinction between post-conviction petition and ordinary civil action)
- Baruth v. Gardner, 110 Idaho 156 (Ct. App. 1986) (summary dismissal standards for post-conviction relief)
- Hallquist v. State, — (—) (cited as part of the same case background (unpublished opinion referenced in text))