Nicholas D. Johnson, aka Meeks v. State
Background
- Johnson was convicted by jury of second-degree murder and sentenced to a unified life term with 15 years determinate; his conviction and denial of an I.C.R. 35 motion were previously affirmed on direct appeal.
- Johnson filed pro se motions for a new trial that the court treated as a single petition for post-conviction relief (PCR); the State moved for summary dismissal for lack of verification and evidentiary support.
- Johnson filed an amended, counsel-assisted PCR petition; the State filed an amended motion for summary dismissal and the district court granted summary dismissal.
- The district court found Johnson failed to verify or support claims with admissible evidence, failed to establish Strickland deficiency and prejudice for ineffective-assistance claims, and that many challenged items related only to identity/manner of death not self-defense.
- On appeal Johnson argued (1) insufficient notice of dismissal, (2) ineffective assistance for failure to inform about a plea offer, (3) counsel’s waiver of an evidentiary hearing that allegedly foreclosed a self-defense case, and (4) constructive denial of assistance because SAPD policy does not raise IAC claims on direct appeal.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Notice of intent to dismiss PCR | District court failed to give specific notice of what to cure to avoid dismissal | State argued its motion provided required notice; dismissal based on State’s motion sufficed | Court: No error; motion provided notice and no separate 20-day notice required |
| IAC re: plea offer (Lafler claim) | Counsel failed to inform of plea offer; prejudice from conviction/sentence at trial | No admissible evidence about contents/timing of any plea offer or that Johnson would have accepted it | Court: Dismissal proper—Johnson did not meet Strickland/Lafler threshold |
| IAC re: waiver of preliminary/evidentiary hearing (self-defense) | Counsel waived hearing without consulting Johnson, preventing presentation of self-defense evidence | Record showed Johnson consented to waiver; no evidence the waiver changed trial outcome | Court: Claim belied by record; no prejudice shown; dismissal affirmed |
| Multiple other IAC claims and constructive denial claim re SAPD policy | Various errors (failure to call witnesses, inadequate time, withholding discovery) and that SAPD policy deprives him of counsel for IAC claims | State: Claims unsupported by admissible evidence; many items relate to identity/manner of death, not self-defense; SAPD policy is appropriate and does not deprive counsel | Court: Dismissal proper—most claims bore on non-germane facts or lacked admissible proof; SAPD policy acceptable and not a constructive denial of counsel |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing deficient performance and prejudice test for ineffective assistance of counsel)
- Lafler v. Cooper, 566 U.S. 156 (right to effective assistance in considering plea offers; prejudice may be shown by plea loss)
- Rhoades v. State, 148 Idaho 247 (PCR is civil; standards for appellate review)
- Kelly v. State, 149 Idaho 517 (notice requirements and PCR dismissal grounds)
- DeRushé v. State, 146 Idaho 599 (specificity of notice for dismissal cannot be raised first on appeal)
- Roman v. State, 125 Idaho 644 (conclusory allegations without admissible evidence insufficient in PCR)
- Goodwin v. State, 138 Idaho 269 (petitioner must prove allegations by a preponderance; evidentiary support requirement)
- Wolf v. State, 152 Idaho 64 (PCR petitions must present admissible evidence or be dismissed)