3 NICS App. 357, In the Matter of V.M. (October 1994)

IN THE SHOSHONE-BANNOCK TRIBAL COURT OF APPEALS

FORT HALL RESERVATION

FORT HALL, IDAHO

In the Matter of V.M.

No. JD-263/264/265 (October 3, 1994)

SUMMARY

Appeal of sentence in juvenile criminal case. At the appeals hearing parties reached an agreement, wherein Juvenile Presenter would recommend that all charges, fines and court costs be suspended for six months based on V.M.'s represented intentions to attend boarding school and continue his education. Court of Appeals approved the agreement and ordered the sentence suspended.

FULL TEXT

Before:            Justice David Harding.

Appearances:  Thomas Q. Medicine Horse, Juvenile Presenter; V.M., minor child; Corinne Pocatilla, guardian; Clyde M. Hall, advocate for V.M.

NATURE OF ACTION

Trial Court found Defendant guilty of two counts of "Assault On a Judge or Policeman" and one count of "Persons Under the Influence of Intoxicating Liquor and/or Drugs". Defendant was fined $422.50 to be paid by serving jail time at $10 per day. In the alternative, defendant would be allowed to enter in-patient alcohol treatment in lieu of the fines. Defendant appeals the order, alleging inadequate counsel, prejudicial prosecution and unfair sentence.

HARDING, Justice:

In the matter of JD-94-263, Illegal Possession of Property, JD-94-264, Theft, and JD-94-265, Joyriding, the Juvenile having been arraigned and having entered Admission pleas to the above on June 29, 1994. Further, that the plea and sentence of the above mentioned case is disputed by the above mentioned Guardian and a Motion for Appeal scheduled.

Objection was raised by Mr. Medicine Horse, the Juvenile Presenter, concerning the conflict of interest. Due to the fact that Mr. Hall, the Advocate of the Juvenile, having heard cases concerning the Juvenile while serving in the capacity of Juvenile Judge. Mr. Hall's response to the objection was that he did not remember, having heard hundreds of cases during his tenure as Juvenile Judge. If it was the case that it was over two years ago and that it would

3 NICS App. 357, In the Matter of V.M. (October 1994) p. 358

not interfere with his representation of his client in any way or form. That his interest in the matters at hand was to represent the best interests of his client and his guardian to the fullest extent. The objection was overruled by the Bench.

The Guardian of the Juvenile and complaining witness, Ms. Corinne Pocatilla, then stated that she did not want to pursue the charges in the first place, that it was all a mistake. Further, that she was not notified of the hearing that took place on June 29, 1994, nor was she present. Consequently, she appealed the above-mentioned cases.

The Bench then recommended that a Recess take place in order for all parties to discuss the matter and perhaps and agreement was in order. Court was then recessed.

After the Court was called back to Order, Mr. Medicine Horse, the Juvenile Presenter, state that an agreement was reached with approval of both the lawful guardian and their advocate, Mr. Hall. The agreement was to the following effect:

1. That the Juvenile Presenter would recommend at this time a suspension of all charges and fines plus Court Costs for a period of six months. Due to the fact that [V.M.'s] intentions were to attend boarding school and continue his education.

IT IS THEREFORE AND HEREBY ORDERED:

That the agreement as presented by all parties to this action is hereby APPROVED. A suspension of all charges, sentences, court costs, and fines concerning the above mentioned cases is HEREBY ORDERED BY THIS COURT.