Application — Contents.
The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in section 19-4902. Affidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.
Notes of Decisions
Charboneau v. State (2004)
idaho · cites it 4×
“This course of proceeding appears to comply with the provision of I.C. § 19-4903 that "[a]ffidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached.”
Murphy v. State (2006)
idahoctapp · cites it 6×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
State v. Payne (2008)
idaho · cites it 4×
“I.C. § 19-4903. Idaho Code § 19-4906 authorizes summary dismissal of an application for post-conviction relief, either pursuant to motion of a party or upon the trial court's own initiative.”
Barcella v. State (2009)
idahoctapp · cites it 4×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
Gonzales v. State (2011)
idahoctapp · cites it 4×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
Hassett v. State (1995)
idahoctapp · cites it 4×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
Dunlap v. State (2004)
idaho · cites it 2×
“Idaho Code section 19-4903 mandates that the application for post-conviction relief “specifically set forth the grounds upon which the application is based, and clearly state the relief desired.”
Small v. State (1998)
idahoctapp · cites it 8×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
Ridgley v. State (2010)
idaho · cites it 2×
“3d at 136 (citing I.C. § 19-4903). “Idaho Code § 19-4906 authorizes summary dismissal of an application for post-conviction relief, either pursuant to motion of a party or upon the trial court’s own initiative.”
Irwin Ryan Ray Adams v. State (2015)
idaho · cites it 8×
“3d 123, 136 (2008) (citing I.C. § 19-4903). Idaho Code section 19-4906 authorizes trial courts to summarily dismiss post-conviction petitions pursuant to a party’s motion or upon the court’s own initiative.”
DeRushé v. State (2009)
idaho · cites it 2×
“If the ground for summary disposition is that assertions by the applicant are not admissible evidence, stating the ground with reasonable particularity requires no more than the level of particularity required to object to the admissibility of that evidence, such as that it is…”
Goodwin v. State (2002)
idahoctapp · cites it 2×
“I.C. § 19-4903. In other words, the application must present or be accompanied by admissible evidence supporting its allegations, or the application will be subject to dismissal.”
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