(Download) "State Idaho v. Jesse E. Scroggie" by 15754 Court of Appeals of Idaho Nos. 13790 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Jesse E. Scroggie
- Author : 15754 Court of Appeals of Idaho Nos. 13790
- Release Date : January 30, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In these consolidated appeals, Jesse Scroggie asks us to review a jury conviction for second degree murder and an order dismissing his application for post-conviction relief. Scroggie's appeal from the judgment of conviction was stayed while he petitioned for relief under the Uniform Post-Conviction Procedure Act. The application for post-conviction relief was summarily dismissed. On this consolidated appeal, Scroggie makes several contentions which may be summarized as follows: (1) the trial court committed fundamental error by permitting the defendant to be convicted without submitting the mental illness defense to the jury; (2) Scroggie was denied effective assistance of counsel when counsel failed to present the affirmative defense of mental illness and committed other deficiencies; (3) the trial court committed reversible error by failing to provide the jury with an instruction on the lesser crime of involuntary manslaughter; (4) the trial court improperly admitted hearsay evidence which prejudiced Scroggie's right to a fair trial; (5) the trial court abused its sentencing discretion; and (6) the district court erroneously dismissed the application for post-conviction relief. We hold that reversible error occurred in Scroggie's trial when the defense of mental illness was not submitted to the jury. We therefore reverse the judgment of conviction, hold the district court erred in dismissing Scroggie's application for post-conviction relief, and we remand for a new trial. Except as noted, Scroggie provided the following account of events leading to his shooting of A.W. Barron, the victim. After twenty-three years of marriage, Eileen Scroggie filed for divorce in September 1979. Eileen left the family residence in Bonners Ferry, Idaho and rented an apartment in Sandpoint, approximately thirty-six miles from Bonners Ferry.
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