[DOWNLOAD] "Francis C. Palmer v. Ed Dermitt" by Supreme Court of Idaho No. 13503 # Book PDF Kindle ePub Free
eBook details
- Title: Francis C. Palmer v. Ed Dermitt
- Author : Supreme Court of Idaho No. 13503
- Release Date : January 15, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant, Francis Palmer, was convicted of first degree burglary on July 19, 1976, and sentenced to a term of imprisonment not to exceed fourteen years. This court affirmed his conviction in State v. Palmer, 98 Idaho 845, 574 P.2d 533 (1978), (hereinafter Palmer I), holding that the prosecutor's use of the defendant's prior felony conviction for impeaching what the defendant testified he was doing at the scene of the crime went to the credibility of the defendant's testimony, and therefore was a permissible use of the defendant's felony record. Palmer then filed a pro se petition under the Uniform Post-Conviction Procedure Act. I.C. § 19-4901 et seq. The petitioner thereafter filed an amendment to the petition for post-conviction relief. The petition and amendment raised the following issues: (1) the propriety of the prosecutor's use of the defendant's prior felony conviction to impeach his testimony; (2) the constitutionality of the felony impeachment rule as embodied in I.R.C.P. 43(b)(6); (3) whether the testimony of one of the two investigating police officers was perjured; (4) whether the other investigating police officer manufactured evidence in an attempt to incriminate the defendant; (5) whether evidence allegedly in the defendant's favor was knowingly suppressed by the prosecutor or not presented to the court at trial; and (6) the effectiveness of his counsel at trial and on appeal in allegedly failing to raise these issues. Thereafter, the district court appointed counsel pursuant to Palmer's request. The court-appointed counsel, apparently without consulting Palmer, then filed an amended petition for post-conviction relief.[Footnote 1] The amended petition omitted all of the issues raised in the pro se petition and amendment thereto with the exception of the issues concerning the felony-impeachment rule. Pursuant to the State's motion, the district court dismissed the petition on the ground that the issue of prosecutorial use of a defendant's prior felony record for impeachment purposes had been addressed in Palmer I. On appeal, this court affirmed the dismissal of the petition for postconviction relief. Palmer v. State, 101 Idaho 379, 613 P.2d 936 (1980) (hereinafter Palmer II).