State v. Roles

40 Citing cases

  1. State v. Alberico

    116 N.M. 156 (N.M. 1993)   Cited 229 times   1 Legal Analyses
    Holding that expert testimony about posttraumatic stress disorder was admissible to rebut a defendant's accusation that a rape victim was not credible because her behavior appeared inconsistent with having been raped

    See Sexton v. State, 529 So.2d 1041, 1049 (Ala.Crim.App. 1988); State v. Moran, 151 Ariz. 378, 382, 728 P.2d 248, 252 (1986); People v. Bledsoe, 36 Cal.3d 236, 203 Cal.Rptr. 450, 460-61, 681 P.2d 291, 301 (1984) (in bank); People v. Fasy, 829 P.2d 1314, 1317 (Colo. 1992); Wheat v. State, 527 A.2d 269, 274 (Del. 1987); State v. Batangan, 71 Haw. 552, 799 P.2d 48, 52 (1990); State v. Roles, 122 Idaho 138, 146, 832 P.2d 311, 319 (Ct.App. 1992); State v. Gettier, 438 N.W.2d 1, 5 (Iowa 1989); Commonwealth v. Mamay, 407 Mass. 412, 553 N.E.2d 945, 951 (1990); People v. Beckley, 434 Mich. 691, 456 N.W.2d 391, 399 (1990); People v. Taylor, 75 N.Y.2d 277, 552 N.Y.S.2d 883, 890, 552 N.E.2d 131, 138 (1990); Smith v. State, 100 Nev. 570, 688 P.2d 326, 327 (1984); State v. Hall, 330 N.C. 808, 412 S.E.2d 883, 890 (1992); State v. Bachman, 446 N.W.2d 271, 277 (S.D. 1989); State v. Catsam, 148 Vt. 366, 534 A.2d 184, 187 (1987); State v. Robinson, 146 Wis.2d 315, 431 N.W.2d 165, 172 (1988); Lessard v. State, 719 P.2d 227, 234 (Wyo. 1986). As to the issue of whether such evidence is admissible to prove sexual abuse or nonconsensual intercourse, the courts are about evenly split.

  2. Roles v. State

    No. 48337 (Idaho Ct. App. Aug. 30, 2021)   Cited 1 times

    In March 1990, a jury found Roles guilty of rape, first degree kidnapping, aggravated assault, and forcible sexual penetration with a foreign object. State v. Roles, 122 Idaho 138, 139, 832 P.2d 311, 312 (Ct. App. 1992). The district court sentenced Roles to a unified term of life, with fifteen years determinate, for each of the crimes of rape, kidnapping, and forcible sexual penetration with a foreign object, and a determinate, five-year sentence for aggravated assault, with the sentences to run concurrently.

  3. Ramsey v. State

    159 Idaho 887 (Idaho Ct. App. 2015)   Cited 5 times
    In Ramsey, the Court of Appeals held that Ramsey had not created a genuine issue of material fact regarding deficient performance due to his failure to present evidence of inadequate preparation, ignorance of the law, or other shortcomings capable of objective evaluation.

    However, this Court has recognized that "counsel has broad discretion when formulating strategy and tactics prior to and during trial." State v. Roles, 122 Idaho 138, 148, 832 P.2d 311, 321 (Ct.App.1992). Thus, we will not second-guess trial counsel's decisions absent evidence of "inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective evaluation."

  4. Ramsey v. State

    Docket No. 41834 (Idaho Ct. App. Sep. 11, 2015)

    However, this Court has recognized that "counsel has broad discretion when formulating strategy and tactics prior to and during trial." State v. Roles, 122 Idaho 138, 148, 832 P.2d 311, 321 (Ct. App. 1992). Thus, we will not second-guess trial counsel's decisions absent evidence of "inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective evaluation."

  5. State v. Santana

    135 Idaho 58 (Idaho Ct. App. 2000)   Cited 38 times

    To prevail on a claim of ineffective assistance of counsel, the appellant must show that counsel's representation was deficient and that the deficiency was prejudicial. State v. Roles, 122 Idaho 138, 144, 832 P.2d 311, 317 (Ct.App. 1992), citing Strickland v. Washington, 466 U.S. 668 (1984). The appellant must show that the performance fell below an objective standard of reasonableness.

  6. State v. Brown

    131 Idaho 61 (Idaho Ct. App. 1998)   Cited 47 times
    Observing that a court can consider the failure to accept responsibility in relation to a defendant's prospects for rehabilitation

    This argument is without merit. A similar contention was presented in State v. Roles, 122 Idaho 138, 832 P.2d 311 (Ct.App. 1992). In that case, the State charged that the defendant had used certain objects to forcibly penetrate the victim during the course of a rape.

  7. State v. Dopp

    129 Idaho 597 (Idaho Ct. App. 1997)   Cited 22 times
    Ruling destruction of sweatshirt not bad faith absent evidence law enforcement disposed of it to prevent defendant from obtaining exculpatory evidence

    To prevail on a claim of ineffective assistance of counsel, a claimant must show both that the attorney's performance in the criminal proceedings was deficient and that the deficiency in performance was prejudicial. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984); State v. Roles, 122 Idaho 138, 144, 832 P.2d 311, 317 (Ct.App. 1992). In order to show that counsel's performance was deficient, the claimant must demonstrate that the attorney's conduct fell below an objective standard of reasonableness.

  8. State v. Gittins

    129 Idaho 54 (Idaho Ct. App. 1996)   Cited 106 times

    To prevail on a claim of ineffective assistance of counsel, the applicant must show that counsel's representation was deficient and that the deficiency was prejudicial. State v. Roles, 122 Idaho 138, 144, 832 P.2d 311, 317 (Ct.App. 1992), citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To establish a deficiency, the applicant has the burden of showing that the attorney's representation fell below an objective standard of reasonableness.

  9. State v. Pugsley

    128 Idaho 168 (Idaho Ct. App. 1996)   Cited 14 times
    In State v. Pugsley, 128 Idaho 168, 911 P.2d 761 (Ct.App. 1995), the defendant was sentenced to three concurrent life terms for lewd conduct.

    In order to establish that the deficiency prejudiced the case, a "defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the preceeding would have been different." State v. Roles, 122 Idaho 138, 145, 832 P.2d 311, 318 (Ct.App. 1992) quoting Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). 1. Double jeopardy claim

  10. Roles v. Valley

    1:22-cv-00112-REP (D. Idaho Mar. 6, 2023)   Cited 1 times

    The facts underlying Petitioner's conviction are set forth clearly and accurately in Roles v. State, 832 P.2d 311 (Idaho Ct. App. 1992). The facts will not be repeated here except as necessary to explain the Court's decision.