ID S1040

Clarifies that defendants must file claims of ineffective assistance of appellate counsel within 42 days of the Idaho Supreme Court issuing the final remittitur in the unified appeal from which no further proceedings except issuance of a death warrant are ordered.

Specifies that all post-conviction challenges, habeas corpus petitions, and other state law remedies in capital cases must follow procedures established in Idaho Code Section 19-2719 and be filed within the 42-day deadline or be deemed waived.

Establishes that successive post-conviction petitions raising issues not previously known or reasonably knowable must be supported by precise written statements and material facts under oath from credible witnesses, or face summary dismissal.

Declares an emergency, making the act effective immediately upon passage and approval, applying to all cases where an appellant's brief in the unified appeal has not yet been filed with the Idaho Supreme Court.