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State v. Andrew Dallas Morgan
153 Idaho 618
Idaho Ct. App.
2012
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Background

  • Morgan pled guilty to one count of grand theft; remaining burglary and grand theft charges were dismissed.
  • District court imposed a seven-year unified sentence with two years determinate, 120 days in Ada County jail, and seven years of probation.
  • In Aug. 2009 the State filed a probation-violation report listing multiple violations; Morgan admitted some violations on Nov. 29, 2009, and probation was revoked with retained jurisdiction on Jan. 14, 2010.
  • After retained jurisdiction, Morgan was placed back on probation until May 2011 when another violation report was filed; Morgan admitted more violations on May 23, 2011.
  • On July 22, 2011 the district court revoked probation and ordered execution of the original sentence; Morgan timely appealed and sought to augment the appellate record with transcripts from the first probation-violation hearings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the denial of augmentation violated due process or equal protection Morgan argues denial violated due process/equal protection Morgan failed to show due process or equal protection was violated No due process/equal protection violation"}]},{

Key Cases Cited

  • State v. Strand, 137 Idaho 457, 50 P.3d 472 (2002) (due process requires sufficient record for appellate review of trial errors)
  • Draper v. Washington, 372 U.S. 487 (1963) (due process for appellate records includes necessary transcripts)
  • Lane v. Brown, 372 U.S. 477 (1963) (due process and access to appellate records)
  • Griffin v. Illinois, 351 U.S. 12 (1956) (indigency cannot bar access to appellate review in criminal cases)
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Case Details

Case Name: State v. Andrew Dallas Morgan
Court Name: Idaho Court of Appeals
Date Published: Jul 10, 2012
Citation: 153 Idaho 618
Docket Number: 39057
Court Abbreviation: Idaho Ct. App.