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13 Idaho opinions name it 1 courts 2011–2024 7 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kelly v. Stategreen2 sentences2021See Kelly at 524 , 236 P.3d at 1284 (as petitioner “failed to raise a claim for prosecutorial misconduct--on the basis of withholding exculpatory evidence--in his petition or supporting affidavit, the district court erred in considering such a claim at summary dismissal proceedings”). 7 Moreover, at the summary dismissal hearing, the State pointed out that this claim was not raised in the petition and that Calvillo did not link the conversations to a claim for relief. 2019The State’s motion for summary dismissal, its reply, and its argument at the summary dismissal hearing all noted Matney’s failure in this regard. 3 See Kelly, 149 Idaho at 522 , 236 P.3d at 1282 (holding that State’s motion for summary dismissal of ineffective assistance of counsel claim provided adequate notice by identifying Strickland standard, asserting there was no evidentiary basis for petitioner’s claims, and citing law supporting proposition that petitioner had burden to identify deficient acts or omissions of counsel). | 2 | 3 |
State v. Hoskinsgreen2 sentences2024Although the district court erred in granting the State’s motion for summary dismissal on the ground that Leonard was not prejudiced, that does not end our analysis because of the “right-result, wrong-theory rule.” State v. Hoskins, 165 Idaho 217, 222 , 443 P.3d 231, 236 (2019). 2024Although the district court erred in granting the State’s motion for summary dismissal on the ground that Leonard was not prejudiced, that does not end our analysis because of the “right-result, wrong-theory rule.” State v. Hoskins, 165 Idaho 217, 222 , 443 P.3d 231, 236 (2019). | 2 | 2 |
Strickland v. Washingtongreen1 sentence2024Finally, if the 3 Strickland v. Washington, 466 U.S. 668, 687-88 (1984). 6 district court grants the State’s motion for summary dismissal, the petitioner may file an I.R.C.P. 11 motion for reconsideration. | 1 | 1 |
Follinus v. Stategreen2 sentences2021Instead, Calvillo’s only reference to an 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); Wolfe v. State, 113 Idaho 337, 339 , 743 P.2d 990, 992 (Ct. App. 1987). 6 amended petition was at the summary dismissal hearing when trial counsel stated that if the district court determined that Calvillo’s petition was “vague in its reference to some of the things raised in the affidavit” the court should deny the State’s motion and grant leave to amend. 2021Instead, Calvillo’s only reference to an 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); Wolfe v. State, 113 Idaho 337, 339 , 743 P.2d 990, 992 (Ct. App. 1987). 6 amended petition was at the summary dismissal hearing when trial counsel stated that if the district court determined that Calvillo’s petition was “vague in its reference to some of the things raised in the affidavit” the court should deny the State’s motion and grant leave to amend. | 1 | 1 |
Wolfe v. Stategreen2 sentences2021Instead, Calvillo’s only reference to an 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); Wolfe v. State, 113 Idaho 337, 339 , 743 P.2d 990, 992 (Ct. App. 1987). 6 amended petition was at the summary dismissal hearing when trial counsel stated that if the district court determined that Calvillo’s petition was “vague in its reference to some of the things raised in the affidavit” the court should deny the State’s motion and grant leave to amend. 2021Instead, Calvillo’s only reference to an 127 Idaho 897, 902 , 908 P.2d 590, 595 (Ct. App. 1995); Wolfe v. State, 113 Idaho 337, 339 , 743 P.2d 990, 992 (Ct. App. 1987). 6 amended petition was at the summary dismissal hearing when trial counsel stated that if the district court determined that Calvillo’s petition was “vague in its reference to some of the things raised in the affidavit” the court should deny the State’s motion and grant leave to amend. | 1 | 1 |
Davidson v. Stategreen2 sentences2021In Bjorklund, this Court ruled that “counsel’s good faith advice regarding some component of sentencing[,] even if such advice ultimately proves inaccurate, does not render a 6 guilty plea involuntary.” Bjorklund, 130 Idaho at 376 , 941 P.2d at 348 ; see also Davidson v. State, 92 Idaho 104, 105 , 437 P.2d 620, 621 (1968) (“A mere prediction by counsel of the court’s likely attitude on a sentence, short of some implication of an agreement or understanding . . . is not ground for attacking a guilty plea.”). 2021In Bjorklund, this Court ruled that “counsel’s good faith advice regarding some component of sentencing[,] even if such advice ultimately proves inaccurate, does not render a 6 guilty plea involuntary.” Bjorklund, 130 Idaho at 376 , 941 P.2d at 348 ; see also Davidson v. State, 92 Idaho 104, 105 , 437 P.2d 620, 621 (1968) (“A mere prediction by counsel of the court’s likely attitude on a sentence, short of some implication of an agreement or understanding . . . is not ground for attacking a guilty plea.”). | 1 | 1 |
Coleman v. Thompsongreen2 sentences2017A post-conviction petitioner is not entitled to the effective assistance of post-conviction counsel, and thus, “petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Murphy v. State, 156 Idaho 389, 394 , 327 P.3d 365, 370 (2014) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991)). 2017A post-conviction petitioner is not entitled to the effective assistance of post-conviction counsel, and thus, “petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Murphy v. State, 156 Idaho 389, 394 , 327 P.3d 365, 370 (2014) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991)). | 1 | 1 |
Alisha Ann Murphy v. Stategreen2 sentences2017A post-conviction petitioner is not entitled to the effective assistance of post-conviction counsel, and thus, “petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Murphy v. State, 156 Idaho 389, 394 , 327 P.3d 365, 370 (2014) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991)). 2017A post-conviction petitioner is not entitled to the effective assistance of post-conviction counsel, and thus, “petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings.” Murphy v. State, 156 Idaho 389, 394 , 327 P.3d 365, 370 (2014) (quoting Coleman v. Thompson, 501 U.S. 722, 752 , 111 S.Ct. 2546, 2566 , 115 L.Ed.2d 640, 670-71 (1991)). | 1 | 1 |
Mintun v. Stategreen2 sentences2015In Mintun v. State, 144 Idaho 656, 662 , 168 P.3d 40, 46 (Ct. App. 2007), this Court affirmed the summary dismissal of a claim asserting ineffective assistance of appellate counsel for failing to raise an issue of fundamental error. 2015In Mintun v. State, 144 Idaho 656, 662 , 168 P.3d 40, 46 (Ct. App. 2007), this Court affirmed the summary dismissal of a claim asserting ineffective assistance of appellate counsel for failing to raise an issue of fundamental error. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martinez v. Ryan
green
1 sentence2023Specifically, Herrera argues his counsel “did not timely include the exhibits prior to the summary dismissal hearing” on Herrera’s first petition for post-conviction relief and “completely misrepresented [his] 5th Amendment claim that [he] requested counsel in the first initial interogation [sic].” Although Herrera acknowledges “Idaho does not recognize any absolute constitutional or statutory right to counsel in a post- conviction case” and cites Murphy, he asserts that under Martinez v. Ryan, 566 U.S. 1 (2012), he “has showed [sic] in the original petition what claims were improperly misrepr | 1 | 2023–2023 |
Thumm v. State
green
2 sentences2023Id. at 424 , 447 P.3d at 872 . 2023Id. at 424 , 447 P.3d at 872 . | 1 | 2023–2023 |
Bjorklund v. State
green
2 sentences2021Relying on Bjorklund v. State, 130 Idaho 373 , 941 P.2d 345 (Ct. App. 1997), the court rejected this claim, concluding counsel’s 1 During the summary dismissal hearing, the district court provided this description of Meraz’s plea colloquy at the guilty plea hearing in the underlying case. 2021Relying on Bjorklund v. State, 130 Idaho 373 , 941 P.2d 345 (Ct. App. 1997), the court rejected this claim, concluding counsel’s 1 During the summary dismissal hearing, the district court provided this description of Meraz’s plea colloquy at the guilty plea hearing in the underlying case. | 1 | 2021–2021 |
Hoffman v. State
green
2 sentences2014In a similar vein, but at the opposite end of the spectrum, in Hoffman v. State, 153 Idaho 898 , 277 P.3d 1050 (Ct.App.2012), this Court considered the summary dismissal of a claim that counsel provided ineffective assistance by failing to *191 pursue a motion to suppress. 2014In a similar vein, but at the opposite end of the spectrum, in Hoffman v. State, 153 Idaho 898 , 277 P.3d 1050 (Ct.App.2012), this Court considered the summary dismissal of a claim that counsel provided ineffective assistance by failing to *191 pursue a motion to suppress. | 1 | 2014–2014 |
State v. Carlson
green
2 sentences2011Carlson, 134 Idaho at 402 , 3 P.3d at 80 . 2011Carlson, 134 Idaho at 402 , 3 P.3d at 80 . | 1 | 2011–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.