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6 Idaho opinions name it 1 courts 1985–2023 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 |
|---|---|---|
Christopher Ray Schultzgreen2 sentences2023Additionally, in Schultz v. State, the Idaho Court of Appeals applied res judicata against a defendant who argued his trial counsel was ineffective for failing to enforce his plea agreement. 153 Idaho 791, 797 , 291 P.3d 474, 480 (Ct. App. 2012). 2023Additionally, in Schultz v. State, the Idaho Court of Appeals applied res judicata against a defendant who argued his trial counsel was ineffective for failing to enforce his plea agreement. 153 Idaho 791, 797 , 291 P.3d 474, 480 (Ct. App. 2012). | 3 | 3 |
State v. Creechgreen2 sentences2023Notably, this Court determined that “[t]he issue whether Creech should be allowed to withdraw his guilty plea is barred by the doctrine of res judicata” but did not apply res judicata to “[t]he issue whether trial counsel’s 29 performance was deficient in preparing Creech’s motion to withdraw his guilty plea[.]” Id. at 21 , 966 P.2d at 21 . 2023Notably, this Court determined that “[t]he issue whether Creech should be allowed to withdraw his guilty plea is barred by the doctrine of res judicata” but did not apply res judicata to “[t]he issue whether trial counsel’s 29 performance was deficient in preparing Creech’s motion to withdraw his guilty plea[.]” Id. at 21 , 966 P.2d at 21 . | 1 | 4 |
Paz v. Stategreen2 sentences2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). 2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). | 1 | 1 |
McKinney v. Stategreen2 sentences2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). 2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). | 1 | 1 |
State v. Creechgreen2 sentences2002See Creech II at 592, 710 P.2d at 502 (this Court initially describes the appeal as a post-conviction relief proceeding; however the appeal only reviewed the denial of Creech's motion to withdraw his guilty plea and order to consolidate post-conviction motions into one proceeding); and Creech III at 5 , 966 P.2d at 5 (stating "[n]o other post-conviction petitions or issues were filed."). [2] Idaho Code § 19-2719 (5) states: If the defendant fails to apply for relief as provided in this section and within the time limits specified, he shall be deemed to have waived such claims for relief as wer 2002See Creech II at 592, 710 P.2d at 502 (this Court initially describes the appeal as a post-conviction relief proceeding; however the appeal only reviewed the denial of Creech's motion to withdraw his guilty plea and order to consolidate post-conviction motions into one proceeding); and Creech III at 5 , 966 P.2d at 5 (stating ”[n]o other post-conviction petitions or issues were filed.”). . | 1 | 1 |
People v. Bacagreen2 sentences1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo.App.1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse’s part to deny Creech’s motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. 1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. | 1 | 1 |
State v. Azuregreen2 sentences1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. 1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. | 1 | 1 |
Jimmie Dewain Kennedy v. Ross Maggio, Jr., Warden, Louisiana State Penitentiarygreen2 sentences1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo.App.1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse’s part to deny Creech’s motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. 1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. | 1 | 1 |
Gregory v. Stategreen2 sentences1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo.App.1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse’s part to deny Creech’s motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. 1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moore v. Gibson
green
2 sentences2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). 2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). | 1 | 2002–2002 |
McKinley v. Apfel
green
2 sentences2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). 2002McKinney v. State, 133 Idaho 695, 701 , 992 P.2d 144, 150 (1999), cert. denied, 530 U.S. 1208 , 120 S.Ct. 2207 , 147 L.Ed.2d 240 (2000) (citing Paz v. State, 123 Idaho 758, 760 , 852 P.2d 1355, 1357 (1993)). | 1 | 2002–2002 |
Porter v. State
green
2 sentences2002The courts of Idaho shall have no power to consider any such claims for relief as have been so waived or grant any such relief. [3] Porter v. State, 136 Idaho 257 , 32 P.3d 151 (2001), utilized an analysis of the district court's decision throughout the opinion, but disingenuously suggested in the Conclusion section that the question was "not appealable." 2002The courts of Idaho shall have no power to consider any such claims for relief as have been so waived or grant any such relief. [3] Porter v. State, 136 Idaho 257 , 32 P.3d 151 (2001), utilized an analysis of the district court's decision throughout the opinion, but disingenuously suggested in the Conclusion section that the question was "not appealable." | 1 | 2002–2002 |
State v. Creech
green
2 sentences1998Creech next argues that the issue was not totally resolved in State v. Creech, 105 Idaho 362 , 670 P.2d 463 (1983). 1998Creech next argues that the issue was not totally resolved in State v. Creech, 105 Idaho 362 , 670 P.2d 463 (1983). | 1 | 1998–1998 |
State v. Azure
green
2 sentences1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. 1985Because denial of effective assistance of counsel constitutes manifest injustice, see, e.g., Kennedy v. Maggio, 725 F.2d 269, 273 (5th Cir.1984); State v. Azure, 175 Mont. 189 , 573 P.2d 179, 183 (1977), appeal after remand, 179 Mont. 281 , 587 P.2d 1297 ; Gregory v. State, 550 P.2d 374, 378 (Alaska 1976); People v. White, 534 P.2d 642 , 643 (Colo. App. 1975); People v. Baca, 525 P.2d 1146, 1147 (1974), it was error on Judge Newhouse's part to deny Creech's motion to withdraw his guilty plea, a guilty plea which should not have been accepted in the first instance. | 1 | 1985–1985 |
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.