Gilbert Flores v. State Idaho

Gilbert Flores was convicted in 1977 of voluntary manslaughter. No appeal was taken. He later filed a petition for post-conviction relief challenging that conviction by alleging he had been denied effective assistance of counsel. Flores' petition was summarily dismissed by the district court without an evidentiary hearing and he has appealed from that order. We affirm in part and reverse in part. Flores contends that he was denied effective assistance of counsel at trial because his attorney failed to investigate the criminal record of the victim, Manuel Solis, or to present evidence of Solis' violent propensities. In addition, he argues that his attorney did not question a witness, Rocky Vitale, sufficiently to elicit facts relevant to his claim of self-defense. Flores also asserts that his attorney did not see him or interview him at any time prior to the trial. Finally, Flores contends that he was denied effective assistance of counsel following the trial, because his attorney failed to file an appeal after repeatedly being asked to do so.