Idaho v. Ostler
Annotate this CaseScott Ostler was convicted of three counts of lewd conduct with a minor child under sixteen, and one count of sexual abuse of a child under the age of sixteen. This appeal related only to a single count of lewd conduct: Ostler claimed that the State violated his right to due process by adding an additional lewd conduct charge following a mistrial. The Court of Appeals vacated Ostler’s conviction for the additional felony, agreeing that the State violated Ostler’s right to due process. The Supreme Court affirmed the district court's judgment of conviction: "The proper avenue for Ostler to seek relief is in post-conviction proceedings." The Court ruled that Ostler “may still file a petition for post-conviction relief proceedings in order to ascertain whether defense counsel’s failure to object to the alleged error constituted ineffective assistance of counsel.” Ostler’s claim of prosecutorial vindictiveness required further factual development as to why the State added an additional lewd conduct charge.
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