11 Idaho opinions name it 2 courts 1982–2024 3 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 |
|---|---|---|
McKinney v. Stategreen2 sentences2013“To justify a post-conviction evidentiary hearing, the petitioner must make a factual showing based on admissible evidence.” Sivak v. State, 134 Idaho 641, 646 , 8 P.3d 636, 641 (2000) (citing McKinney v. State, 133 Idaho 695, 700 , 992 P.2d 144, 149 (1999)). 2013“To justify a post-conviction evidentiary hearing, the petitioner must make a factual showing based on admissible evidence.” Sivak v. State, 134 Idaho 641, 646 , 8 P.3d 636, 641 (2000) (citing McKinney v. State, 133 Idaho 695, 700 , 992 P.2d 144, 149 (1999)). | 4 | 5 |
State v. Timothy Alan Dunlapgreen2 sentences2024State v. Dunlap, 155 Idaho 345, 391 , 313 P.3d 1, 48 (2013) (citation omitted). 2024State v. Dunlap, 155 Idaho 345, 391 , 313 P.3d 1, 48 (2013) (citation omitted). | 2 | 2 |
Sivak v. Stategreen2 sentences2013“To justify a post-conviction evidentiary hearing, the petitioner must make a factual showing based on admissible evidence.” Sivak v. State, 134 Idaho 641, 646 , 8 P.3d 636, 641 (2000) (citing McKinney v. State, 133 Idaho 695, 700 , 992 P.2d 144, 149 (1999)). 2013“To justify a post-conviction evidentiary hearing, the petitioner must make a factual showing based on admissible evidence.” Sivak v. State, 134 Idaho 641, 646 , 8 P.3d 636, 641 (2000) (citing McKinney v. State, 133 Idaho 695, 700 , 992 P.2d 144, 149 (1999)). | 2 | 2 |
Leavitt v. Swaingreen2 sentences2013“When a motion for a new trial is made because of juror misconduct, the district court must determine whether there has been ‘a showing that prejudice reasonably could have occurred.’” Leavitt v. Swain, 133 Idaho 624, 629 , 991 P.2d 349, 354 (1999) (citation omitted). 2013“When a motion for a new trial is made because of juror misconduct, the district court must determine whether there has been ‘a showing that prejudice reasonably could have occurred.’” Leavitt v. Swain, 133 Idaho 624, 629 , 991 P.2d 349, 354 (1999) (citation omitted). | 2 | 2 |
Sanchez v. Aravegreen2 sentences2022See Sanchez, 120 Idaho at 322 , 815 P.2d at 1062 . 2022See Sanchez, 120 Idaho at 322 , 815 P.2d at 1062 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Larkin v. State
green
2 sentences2019As this Court explained in Larkin, 115 Idaho at 73 , 764 P.2d at 440 , at a post-conviction evidentiary hearing, the petitioner’s credibility, the weight to be given his or her testimony, and the inferences to be drawn from the evidence are all matters solely within the province of the trial court. 2019As this Court explained in Larkin, 115 Idaho at 73 , 764 P.2d at 440 , at a post-conviction evidentiary hearing, the petitioner’s credibility, the weight to be given his or her testimony, and the inferences to be drawn from the evidence are all matters solely within the province of the trial court. | 1 | 2019–2019 |
Franks v. Delaware
green
1 sentence2018The claim litigated at the post-conviction evidentiary hearing was based on Beavers’ allegation that counsel was ineffective for failing to present expert testimony at a pretrial hearing held pursuant to Franks v. Delaware, 438 U.S. 154 (1978). | 1 | 2018–2018 |
Lipps v. State
green
2 sentences1982Lipps v. State, 94 Idaho 185 , 484 P.2d 734 (1971). 1982Lipps v. State, 94 Idaho 185 , 484 P.2d 734 (1971). | 1 | 1982–1982 |
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.