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State seeks to thwart relief in murder case

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 8 months AGO
by KEITH KINNAIRD/Hagadone News Network
| April 1, 2015 9:00 PM

SANDPOINT - The state is moving to bring an abrupt end to convicted killer James Matthew Anderson's effort to win post-conviction relief.

A Bonner County jury convicted Anderson of second-degree murder in connection with the shooting death of Elvin "Eli" Holt in 2008.

Holt, 30, was shot to death during an altercation outside Anderson's home in Sagle. Holt and a relative went to Anderson's trailer to confront him about a beating he perpetrated on a close friend of Holt's.

Anderson argued that he was acting in self-defense and the .44-caliber pistol discharged accidentally during the struggle.

Anderson was ordered to serve a 20-year prison term, the first 10 years of which are fixed.

Anderson filed for post-conviction relief in 2013, contending prosecutorial misconduct, violations of his due-process rights and ineffective assistance of trial counsel.

Bonner County Prosecutor Louis Marshall moved for a summary dismissal, arguing that a 1st District Court judge can, as a matter of law, conclude that Anderson is not entitled to relief even if all the disputed facts are construed in his favor.

Anderson argued Marshall engaged in misconduct by misstating the law as it relates to self-defense during the trial and his counsel and former Chief Public Defender Isabella Robertson prevented him from taking the stand to testify.

Marshall disputes misleading jurors in his remarks about self-defense and said Anderson cannot raise additional claims there were not raised in his appeal. Marshall said the state is unable to contest Anderson's allegation that he was prohibited from testifying because Robertson has yet to waive the attorney-client privilege in the case.

"The state finds the contention highly suspect, as it was not raised on appeal and the only evidence that such a deprivation occurred is the petitioner's self-serving statements," Marshall said in a March 9 motion.

Anderson, 35, is serving his sentence at the Idaho Correctional Institution in Orofino. He is eligible for parole in 2018, according to the Idaho Department of Correction.

ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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