Former lawmaker files notice of appeal with Idaho Supreme Court in rape case – Idaho Capital Sun

Lower than a month after he was sentenced to at the very least eight years in jail for the crime of rape, former Idaho legislator Aaron von Ehlinger has submitted an enchantment to the Idaho Supreme Court docket, alleging Ada County’s Fourth District Court docket made a number of errors throughout his trial and sentencing.

A jury discovered von Ehlinger responsible of the felony crime of rape on April 29, and he has been incarcerated since that date. He was charged with the crime after a 19-year-old legislative intern, who’s known as Jane Doe to guard her identification, mentioned von Ehlinger, then 39, took her to dinner in early March 2021, then again to his condo, the place she mentioned he pressured her to carry out oral intercourse and inserted his fingers inside her with out her consent.

Decide Michael Reardon added one other potential 12 years to von Ehlinger’s sentence for a complete of 20 years.

Within the discover of enchantment, von Ehlinger’s lawyer, Jon Cox, mentioned the courtroom mustn’t have allowed the state to current proof from a sexual assault nurse, and the courtroom ought to have instantly declared a mistrial when Doe took the stand after which abruptly left the courtroom, saying she couldn’t carry herself to testify. Reardon did ask Cox if he wished to movement for a mistrial after Doe left the stand and he declined.

Cox additionally mentioned the courtroom ought to have granted von Ehlinger’s movement for a brand new trial and mentioned Reardon abused the courtroom’s discretion by imposing a 20-year sentence with eight years fastened.

Based on Idaho regulation, anybody who’s discovered responsible at trial can enchantment to the Idaho Supreme Court docket. A defendant should file a discover of enchantment inside 42 days of a judgment or order, and transcripts of courtroom proceedings are produced earlier than the individual submitting the enchantment submits a full briefing explaining the rationale the choice needs to be reversed.

Von Ehlinger’s lawyer additionally filed a movement to have the charges waived for the manufacturing of transcripts and have them paid on the public’s expense, since von Ehlinger has been incarcerated since April and has no approach to pay for it.

Cox additionally motioned for the courtroom to nominate an appellate public defender to von Ehlinger’s case, saying he owes a stability to Cox’s regulation agency that he’s unable to pay and may have a public defender transferring ahead. 

Nate Poppino, spokesperson for the Idaho Supreme Court docket, mentioned a full enchantment might be filed with the courtroom at a later date, at which level will probably be assigned to an appeals courtroom.