Marsalis v. State

Summary

The Idaho Supreme Court affirmed the denial of Jeffrey Marsalis’s petition for post-conviction relief alleging ineffective assistance of counsel. The court assumed, without deciding, that counsel may have performed deficiently by failing to assert the Interstate Agreement on Detainers’ 120-day trial deadline and by not retaining a blackout-defense expert, but held that Marsalis failed to show a reasonable probability of a different result on either claim. The court concluded that the speedy-trial claim lacked prejudice because dismissal was not reasonably probable, and that additional expert testimony would not reasonably have overcome the strong evidence of the victim’s extreme intoxication.