Vavold v. State

HORTON, Justice.

Appellant Jerry E. Vavold appeals from the summary dismissal of his petition for post-conviction relief. Vavold seeks a new sentencing hearing based upon ineffective assistance of counsel and violation of his Fifth and Sixth Amendment rights. Vavold argues that the Court should retroactively apply to his case the rule announced in Estrada v. State, 143 Idaho 558, 149 P.3d 833 (2006), which held that a right to counsel attaches to a psychosexual evaluation. Because Vavold fails to address in his briefing to this Court the untimeliness of his petition under I.C. § 19-4902(a), we…