Amber Della Fitzsimmons v. State of Idaho

Boise, Idaho defendant attempted to represent herself pro se. She was convicted for felony driving under the influence (DUI)





Fitzsimmons subsequently filed a pro se petition for post-conviction relief, alleging (as relevant to this appeal) that her trial counsel was ineffective by failing to: (1) review Fitzsimmons' medical records; (2) introduce her alcohol evaluation during trial; (3) "object" to or "challenge" her blood alcohol concentration (BAC) test results; and (4) communicate with and call certain witnesses to testify. After appointing counsel for Fitzsimmons, the district court issued a notice of intent to dismiss Fitzsimmons' claims unless she addressed various defects in each of them within twenty days. Fitzsimmons did not respond by submitting additional evidence or seeking to amend her petition. Rather, Fitzsimmons opposed the summary dismissal of her petition by providing additional legal argument related to her claims that trial counsel failed introduce the medical records and alcohol evaluation during trial or challenge the BAC test results. Ultimately, the district court dismissed Fitzsimmons' petition, concluding that the claims alleged therein could not satisfy either prong of the ineffective assistance standard.



She appealed.

Affirmed.