Idaho

State Resource Guide

The Post-Conviction Process

Click on the underlined links to view more information.

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.

These can include motions for an acquittal, to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled.
Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”

On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
The Idaho Office of Attorney General represents the State in direct appeal. To receive updates on direct appeal, victims must complete a Victim Notification Form through the Office of the Attorney General. The form is available here.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.

These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
The Idaho Office of Attorney General represents the State in state post-conviction proceedings. To receive state post-conviction updates, victims must complete a Victim Notification Form through the Office of the Attorney General. The form is available here.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Idaho law may go to federal court in a process called “habeas corpus.”

Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
The Idaho Office of Attorney General represents the State in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims must complete a Victim Notification Form through the Office of the Attorney General. The form is available here.

Early Release Programs

These programs can include parole, medical parole, and earning “credits” in prison.

If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Idaho, including parole, medical parole, and earning “meritorious reductions” in their sentences for good behavior in prison.
Idaho also uses VINELink to notify victims via email, text, or phone when incarcerated individuals move or are scheduled for parole hearings. VINELink is separate from the Idaho Department of Correction Prison Victim Services’ notification system. For notification of term release, escape, or death, victims must provide updated address information to the Prison Services Coordinator at the Idaho Department of Correction (IDOC) prisonvictimservices@idoc.idaho.gov. IDOC Resident/Client Search provides a tool to check on an individual in IDOC custody or IDOC supervision. To receive notice of parole hearings, victims should update their contact information with the parole board. https://parole.idaho.gov/update-victim-contact-information/

Clemency

In rare cases, the Commission of Pardons and Parole may grant the convicted person relief from their sentence or conviction.

The Idaho Commission of Pardons and Parole can grant clemency to people convicted under Idaho law. Clemency in Idaho usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence). The governor can also grant temporary relief from a sentence, except in cases of treason or impeachment – but this temporary relief remains in effect only until the Commission can render a clemency decision.
Victims receive notification of clemency, victims should keep their contact information updated with the parole board. https://parole.idaho.gov/update-victim-contact-information/

Victims Rights
Post-Conviction

In Idaho, victims have the right to:

Be treated with fairness, respect, dignity, and privacy
Not be deceived or misled by law enforcement about evidence
Timely resolution of the case
Notification of appellate and parole proceedings*
Information about the sentence, incarceration, and release of the convicted person*
Be present at all criminal justice proceedings
Communicate with the prosecution
Be heard at all criminal justice proceedings considering the sentencing, incarceration, or release of the convicted person*
Request restitution and apply for crime victim’s compensation

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Idaho Crime Victims Compensation Program may reimburse victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
Victims may request unclaimed restitution through their local prosecutor’s office and the Idaho Financial Recovery Unit. Victims can access an application for the Idaho Crime Victims Compensation Program here. Applications must be filed within 1 year of the crime, with limited exceptions.

Idaho

The Post-Conviction Process

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims Rights Post-Conviction

Compensation

Back to State Resources

Victims Rights
Post-Conviction