Harold W. Russell v. State Idaho

This is a review of an order denying an application for relief under the Post-Conviction Procedure Act, I.C. § 19-4901 to-4911. In his application, Harold Russell alleged that he was denied effective assistance of counsel, causing him to enter an involuntary plea of guilty and to receive an excessive sentence for the crimes of first degree burglary and grand theft. Russell also submitted that the district Judge failed to inform him of his Sixth Amendment rights before he entered his plea. After conducting an evidentiary hearing, the district Judge concluded that Russell was not entitled to relief and denied the application. On appeal, Russell raises the same arguments and further avers that his former attorney failed to file a timely direct appeal of his judgment of conviction.[Footnote 1] For the reasons explained below, we affirm the denial of Russells post-conviction relief application.