Idaho Code
Idaho Code § 19-2720 (2026)
Inquiry into need for new counsel.
✓ current as of May 2026
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Inquiry into need for new counsel.
After the imposition of a sentence of death, the trial judge should advise the defendant that, upon a particularized showing that there is a reasonable basis to litigate a claim of ineffective assistance of trial counsel, new counsel may be appointed to represent the defendant to pursue such a claim in a post-conviction proceeding. If no such request is made, the trial judge shall certify of record that there are no facts that have come to the court’s attention upon which such a claim could reasonably be based or, alternatively, the court may appoint new counsel. No deficiency in the application of the procedure described herein shall be grounds for relief from a judgment of conviction or from a sentence.
Notes of Decisions
Cited in 1
case, 2010–2010 · leading case: Stuart v. State, 232 P.3d 813 (Idaho 2010).
Stuart v. State, 232 P.3d 813 (Idaho 2010). “15 (quoting I.C. § 19-2720). Finally, though I reach this conclusion, in other circumstances, concerns of stare decisis would lead me to conclude that Rhoades should be affirmed in light of the significant reliance on I.”
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