Sarah M. Johnson's bid to have her murder conviction appeal rights reinstated bore little fruit Tuesday in 5th District Court in Hailey.
In fact, a hearing on her motion for reinstatement didn't even take place as the issue became bogged down in complex procedural arguments by Johnson's attorney, Stephen D. Thompson, and state counsel Justin Whatcott, a deputy attorney with the Idaho Attorney Generals Office.
Judge R. Barry Wood said he would have to consider the arguments before rendering a decision. At issue is whether or not Johnson's request for reinstatement of her appeal rights can be considered separately from another court document she filed requesting a new trial.
Johnson, 19, was convicted of two counts of first-degree murder in March 2005 for the shooting deaths of her parents, Alan and Diane Johnson, at the couple's home in Bellevue on Sept. 2, 2003. Last June, Wood, who presided over Johnson's trial, sentenced her to two life prison terms. Johnson is serving those sentences at the Pocatello Women's Correction Center.
Her appeal of the convictions was dismissed in April by the Idaho Supreme Court, which determined it was filed after the legally mandated deadline.
Alleging the late filing was the fault of her attorneys, Bob Pangburn and Mark Rader, Johnson filed a motion in April requesting that her appeal rights be reinstated. At the same time, she filed a Petition for Post-Conviction relief that requests a new trial on the grounds that she had "ineffective legal counsel" and was denied due process of law.
Thompson argued on Johnson's behalf that the request for a new trial be put on hold because the issue will become moot if her appeal rights are reinstated and the high court rules in her favor.
Whatcott countered that the state needs time to investigate Johnson's allegations and that the two issues are inseparable from a legal standpoint.
Thompson, a Blaine County public defender, also requested that he be allowed to withdraw from the case and a new attorney be appointed.
Wood declined to rule on that matter as well, stating that Blaine County should be represented in any court proceedings regarding appointment of a lawyer for Johnson.
Thompson did not say why he wants to withdraw from the case. No further court proceedings were scheduled.
