State v. Rebecca Lee Ahlers-Schaper
Background
- Rebecca Ahlers-Schaper was charged with felony possession of a controlled substance after the State refiled charges following dismissal without prejudice of an earlier case.
- At preliminary hearing she said she did not want standby counsel and criticized the public defender; the magistrate excused standby counsel.
- At district-court proceedings she repeatedly appeared pro se, requested substitute counsel, then was appointed counsel (not standby); she continued to clash with appointed counsel and filed multiple pro se motions without counsel’s signature.
- On the morning of trial the district court denied several pro se motions as untimely or improperly filed; the jury convicted Ahlers-Schaper of possession.
- On appeal she challenged: denial of standby counsel, denial of substitute (conflict-free) counsel, denial of motions to dismiss (lack of subject-matter jurisdiction and untimely information), and the district judge’s refusal to timely address a motion to disqualify. She sought appellate attorney fees.
Issues
| Issue | Ahlers-Schaper's Argument | State's Argument | Held |
|---|---|---|---|
| Denial/removal of standby counsel | Magistrate wrongfully removed standby counsel and prevented assistance | No constitutional right to standby counsel; removal appropriate when defendant refuses counsel | Affirmed — magistrate did not abuse discretion in excusing standby counsel |
| Denial of substitute (conflict-free) counsel | Appointed counsel had conflicts and communication breakdown; district should have appointed new counsel | No evidence of actual conflict or good cause; disagreements were personality/abusive conduct | Affirmed — defendant failed to show good cause or Sixth Amendment violation |
| Dismissal for lack of subject-matter jurisdiction | Criminal case was improperly initiated; constitutional provisions require indictment or information | Complaint and subsequent information/summons conferred jurisdiction; arguments unsupported or waived | Affirmed — court had jurisdiction; pro se filing defects also fatal |
| Dismissal for untimely filing of information under I.C. § 19-3501(1) | Information was filed too late based on original arrest date | Dismissal of original charge and issuance of new summons restarted the six-month clock; information filed timely | Affirmed — information filed within six months of summons |
| Motion to disqualify judge for cause / timing | District court should have stopped proceedings and resolved disqualification before rulings | Motion untimely and improperly filed; not preserved for appeal; no clear constitutional error | Affirmed — not preserved; no fundamental-error showing |
| Attorney fees on appeal | Requests fees and costs | No statutory authority to award fees/costs in criminal appeals; pro se not eligible for attorney fees | Denied — no authority to award appellate fees or costs |
Key Cases Cited
- State v. Averett, 142 Idaho 879 (Ct. App. 2006) (no constitutional right to standby counsel; appointment reviewed for abuse of discretion)
- Wood v. Georgia, 450 U.S. 261 (1981) (Sixth Amendment guarantees right to conflict-free counsel)
- Burger v. Kemp, 483 U.S. 776 (1987) (burden to show active representation of competing interests for an actual conflict)
- Holloway v. Arkansas, 435 U.S. 475 (1978) (defendant must show actual conflict adversely affected counsel’s performance)
- State v. Mason, 111 Idaho 660 (Ct. App. 1986) (when original charge dismissed and new summons issued, six-month speedy-filing period restarts)
- State v. Rogers, 140 Idaho 223 (2004) (information, indictment, or complaint alleging offense within the state confers subject-matter jurisdiction)
- State v. Perry, 150 Idaho 209 (2010) (standard for reversing unobjected-to errors under fundamental-error doctrine)
- Michalk v. Michalk, 148 Idaho 224 (2009) (pro se litigants are not entitled to attorney fees)