State v. Andrew Dallas Morgan
153 Idaho 618
Idaho Ct. App.2012Background
- 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probation-violation report listing multiple violations; Morgan admitted some violations on Nov. 29, 2009, and probation was revoked with retained jurisdiction on Jan. 14, 2010.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)
