Devon Joesph Anderson v. Alicia G. Carver

Summary

The United States District Court for the District of Idaho reviewed Devon Joesph Anderson’s amended habeas petition challenging his Boise County burglary conviction. The court questioned whether Anderson remained in custody under the challenged conviction and ordered him to file a second amended petition addressing the court’s jurisdiction. The court denied his request for appointed counsel without prejudice.

Holdings

1. The Court did not finally determine jurisdiction, but required Anderson to file a second amended petition identifying any basis showing that he was in custody pursuant to the challenged burglary conviction when the federal petition was filed, including the dates of any separate custodial periods and credits for time served.
2. The request for appointment of counsel was denied without prejudice because a second amended petition was required before the action could proceed.

Questions Presented

1. Whether the amended petition should proceed when the record suggests that Anderson may no longer have been in custody pursuant to the burglary conviction when he filed the federal habeas petition.
2. Whether Anderson's request for appointment of counsel should be granted at the initial-review stage.

Disposition

other