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Once again this year, Sen. The Idaho Statesman reported Terrell is no longer running an active campaign. No Democrat or third party candidates have filed to oppose the winner of the May 17 Republican primary. Den Hartog: Served one term in the Idaho Senate, elected in
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This is a first-degree murder case in which the defendant was accused of violently beating a woman who ly had been the defendant's girlfriend. This case is before us on the direct appeal, the denial of the post-conviction petition, and this Court's statutory obligation to review the imposition of the death penalty pursuant to I. We affirm the defendant's conviction and sentence. It was undisputed that Porter had been Jones' boyfriend until several weeks before her death porter that another man, Dale Cooper Cooperhad been Jones' boyfriend prior to the time that Jones began dating Porter.
It also was agreed that both men, on occasions, had severely beaten Jones. Since the latter part of OctoberPorter and Jones had been living together at Jones' residence. On the morning of December 7,Jones' neighbor, Bonnie Funnemark Funnemarkcontacted dating Kamiah Marshal's Office and reported that Porter had been beating Jones in Jones' and Funnemark's yards and that, in the course of the incident, Idaho had broken Funnemark's storm window.
The deputy marshal who was dispatched to the scene located Porter and Jones outside of a nearby church, approximately one hundred fifty yards from Jones' residence. The deputy marshal took Porter to the station and arrested him for misdemeanor battery.
Porter, however, was released later that dating. Pursuant to Jones' request, a deputy marshal took Porter to his brother's residence in Idaho County in the early morning of December There was some dispute in the testimony at trial, but it appears that, at the time Porter was evicted from the victim's house, Porter left behind all of his belongings, including a guitar case. According to testimony presented at trial, patrons and employees of a bar in Kamiah had seen Jones alive on December 21, Also dating December 21, porter, Laura Cooper observed a man matching Porter's description, wearing a white stocking cap and brown jacket, enter Jones' residence through a front window.
Laura Cooper's sister lived across the street from Jones, and Laura Cooper had been babysitting her sister's children on December 21, On the evening of December 26,Funnemark contacted the Kamiah Marshal's Porter to report that she had not seen Jones for approximately one week and had not seen smoke from Jones' chimney for three or four days.
Two deputy marshals entered Jones' residence and found her body on the bed, naked and covered Idaho a sleeping bag. Officers from the Kamiah Marshal's Office and the Lewis County Sheriff's Office investigated Jones' residence and found blood on the bedroom floor, on the bedroom walls, on the bathroom floor, and in the bathroom basin. Additionally, they found several clumps of human hair that was the same length and coloring as the victim's hair on the bedroom floor.
The pathologist who performed the autopsy testified that Jones died of multiple blunt trauma to the head. He also testified that his examination of the victim's skull revealed that the mark on her forehead was not a bullet wound but that he could not identify the Idaho of the mark.
State v. porter
Additionally, he noted that there were between three and six areas on the victim's scalp, each approximately the size of a fifty-cent piece, where the hair appeared to have been pulled out in large clumps. The pathologist could not determine how long Jones had been dead. However, he estimated that as many as twenty-four hours had passed between infliction of the injuries that eventually caused the victim's death and her actual death. Law enforcement officials authorized cremation of her body several days after it was discovered. Porter was arrested in Juneand the court appointed counsel to represent him.
At the arraignment, Porter pled not guilty, and Porter's counsel requested that the court pull jurors from another district. Porter's counsel, however, never filed a motion for a change of venue. Also at the arraignment, Porter's counsel requested and was granted authorization to retain an investigator, consult a forensic pathologist, and take depositions of two out-of-state witnesses. The investigator obtained by Porter interviewed Cooper and was successful in getting Cooper to admit that he, rather than Porter, had murdered the victim. The State, nonetheless, continued to pursue the case against Porter.
Approximately three and one-half months before trial, the State moved for permission to an assistant attorney general, as special counsel. Porter's counsel did not oppose the motion, and the district court granted the State's motion. Approximately eleven days before trial, the State disclosed that it intended to call several of Porter's former girlfriends to testify that Porter had seriously beaten them, including pulling out clumps of their hair during the beatings.
As an offer of proof, the State presented testimony of two law enforcement officers and an investigator for the Idaho Attorney General regarding whether, in their experience investigating domestic violence cases, they found the acts of hair pulling and pulling out of hair to be unusual.
All three testified that they had never had occasion to investigate a battery by a man against a woman where the man deliberately pulled out the woman's hair. After hearing this testimony, the district court informed Porter's counsel that he should be prepared to meet the evidence regarding Porter's prior misconduct, although the court indicated that it was not prepared to exclude or include the evidence.
At this point, Porter's counsel requested the assistance of a second attorney to aid him in investigating these prior bad acts.
The district court denied the request but permitted Porter to hire another investigator. A two-week jury trial was held during January Over objection by Porter's counsel, the State introduced evidence that Porter had battered prior girlfriends and that, in the course of those beatings, Porter had pulled handfuls of hair out of the women's he. The district court concluded that the evidence regarding the hair pulling incidents was admissible because it demonstrated a ature.
Also at trial, the State called Porter's investigator during the State's case in chief and impeached the investigator for his interviewing techniques.
The jury ultimately found Porter guilty. At sentencing, the district court found three statutory aggravating factors, additional nonstatutory aggravating circumstances, and several mitigating circumstances. Thus, the district court imposed the death penalty. After sentencing, Porter requested substitute counsel.
Porter's original counsel withdrew, and the district court appointed another attorney who argued Porter's motion for new trial. After hearing oral arguments on the motion, the district court denied the motion for new trial.
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Dating the same hearing, Porter requested additional counsel to assist in preparing his post-conviction relief petition and appeal. The district court granted the request. Approximately three months later, however, Porter and his most recently appointed counsel requested that the district court dismiss the other attorney.
Porter filed his post-conviction relief petition, alleging that it was error for the judge not to consider certain mitigating evidence that Porter was presenting with his petition and that Porter should be allowed a new trial based porter the district court's refusal to instruct on lesser included offenses. Porter also alleged ineffective assistance of counsel at trial. The district court denied the post-conviction relief petition on Idaho grounds. The defendant contends that it was constitutional error and a destruction of relevant evidence for the State to allow the victim's body to be cremated several days after an autopsy had been performed but before the defense had been given an opportunity independently to examine the body.
California v. Trombetta, U. In conducting this analysis, this Court engages in a case-by-case assessment of the fault of the government and the ificance of the loss or destruction to the critical elements of the defendant's case.
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United States v. Heiden, F. Initially, we note that this Court has examined the three-part Trombetta analysis within a factual context that is identical to the present case. See Paradis v. State, Idaho, P. In Paradis, we concluded that the State did not err when it allowed the victim's body to be cremated Idaho days after performance of the autopsy but before the defense had examined the body. We reasoned that a more complete autopsy would not have produced evidence that someone else had killed the victim, and, therefore, any evidence discovered would not have been exculpatory, as it would not have related to the defendant's guilt or innocence.
We additionally determined in Paradis that the government did not act in bad faith when it released the victim's body because Dating. Keeping Paradis in mind, we conclude that Porter also failed to satisfy the elements of the Trombetta balancing test. There was no indication of how the body could have been porter, given that everyone admitted how she died and the real issue was who committed the offense. During oral argument, defense counsel argued that a determination that the victim was strangled, rather than beaten, might have been exculpatory because Porter did not have a history of strangling or attempting to strangle women.
District 22 senate, den hartog vs. porter
Additionally, such a determination may have impacted the admissibility of evidence of prior misconduct, as Porter's pattern of behavior may have been marginally inconsistent with the manner in which Jones was killed. However, there was no showing that cremation of the body actually prejudiced Porter, nor that the State authorized the cremation of the victim's body with a bad faith intent to destroy evidence.
Thus, we find no due process violation. Porter asserts that the district court's refusal to appoint co-counsel to investigate witnesses' testimony regarding prior bad acts violated his right to due process. When a defendant has been provided with an attorney at public expense, his request for additional counsel is committed to the district court's sound discretion.
Pizzuto, Idaho, P. Card, IdahoP. Thus, when reviewing a district court's denial of a second attorney, this Court will not disturb a district court's discretion, absent a showing of abuse. Pizzuto, Idaho atP. In evaluating the process by which the district court reached its decision, this Court focuses on:. There certainly is not a requirement of a second attorney in death penalty cases. Thus, the district court acted within its permitted discretion when it denied Porter's request for a second attorney, and we conclude that Porter's allegation of error is without merit. Furthermore, Porter requested a second attorney for the sole reason that he needed to investigate witnesses' testimony regarding prior bad acts.
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Because Porter was given a second investigator to assist him in investigating those witnesses' testimony, we believe that Porter has failed to demonstrate that he was denied due process. Porter urges this Court to adopt the American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, which provides for the asment of two defense attorneys in cases where the death penalty porter sought. We decline Porter's invitation to adopt these guidelines.
However, we recognize that it may be prudent to have at least one defense counsel who is experienced in death penalty cases and that it also may be prudent to have a second attorney, if requested by the defendant, particularly when the State is represented by two attorneys. Porter challenges on appeal the district court's decision to allow evidence of uncharged misconduct to be presented to the jury. He argues that the testimony of his three Idaho girlfriends does not reveal conduct that is sufficiently distinctive to establish a ature and, therefore, that the testimony did not comply with the admissibility requirements of I.
Additionally, he asserts that the prejudicial effect of the testimony outweighed any probative value dating the evidence may have contained and that the evidence, thus, was inadmissible under I.