David L. Randall v. Mauk Miller & Hawkins, PLLC and Joe Miller
── David L. Randall v. Mauk Miller & Hawkins, PLLC and Joe Miller ──
Court: Idaho Court of Appeals
Date: May 13, 2026
Category: General
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 52670
DAVID L. RANDALL, )
) Filed: May 13, 2026
Plaintiff-Appellant, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
MAUK MILLER & HAWKINS, PLLC ) OPINION AND SHALL NOT
and JOE MILLER, as managing ) BE CITED AS AUTHORITY
member, jointly and severally, )
)
Defendants-Respondents. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Derrick O’Neill, District Judge.
Judgment granting motion for summary judgment in action for breach of contract
and legal malpractice, affirmed.
David L. Randall, Boise, pro se appellant.
Hawley, Troxell, Ennis & Hawley, LLP; Tyler J. Anderson & Timothy Blair Jr.,
Boise, for respondents.
________________________________________________
MELANSON, Judge Pro Tem
David L. Randall appeals from a judgment in an action for breach of contract and legal
malpractice. We affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
In 2019, Randall pled guilty to first degree murder. Prior to sentencing, Randall’s trial
counsel, Joe Miller, moved to withdraw as Randall’s counsel of record, citing a breakdown in
communication. The trial court granted the motion to withdraw and appointed a public defender
to represent Randall. Thereafter, Randall filed a motion to withdraw his guilty plea, asserting he
was coerced into pleading guilty. The trial court denied Randall’s motion and Randall appealed.
1
In his appeal, Randall also argued the trial court abused its sentencing discretion when it imposed
a unified life sentence, with a minimum period of confinement of twenty-five years. On appeal,
this Court affirmed the trial court’s denial of Randall’s motion as well as his sentence. State v.
Randall, 175 Idaho 103, 562 P.3d 459 (Ct. App. 2024).
While his criminal appeal was pending, Randall, appearing pro se, filed a civil complaint
alleging breach of contract and legal malpractice against his former trial counsel’s law firm and
trial counsel, Mauk Miller & Hawkins, PLLC, and Joe Miller (the Respondents). The Respondents
filed a motion for summary judgment. Following a hearing, the district court granted the motion
and awarded summary judgment in favor of the Respondents. Randall appeals.
II.
STANDARD OF REVIEW
On appeal, we exercise free review in determining whether a genuine issue of material fact
exists and whether the moving party is entitled to judgment as a matter of law. Edwards v.
Conchemco, Inc., 111 Idaho 851, 852, 727 P.2d 1279, 1280 (Ct. App. 1986). This Court freely
reviews issues of law. Cole v. Kunzler, 115 Idaho 552, 555, 768 P.2d 815, 818 (Ct. App. 1989).
III.
ANALYSIS
The issue before this Court is whether the district court erred in awarding summary
judgment in favor of the Respondents. On appeal, Randall argues his “lawsuit against Joe Miller”
should be “reversed and remanded and set for trial.” The Respondents assert that Randall has
forfeited any alleged error because his appellant’s brief fails to meet the requirements set forth in
I.A.R. 35(a). Alternatively, the Respondents contend the district court’s decision awarding
summar
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