Idaho Code
Idaho Code

Idaho Code § 19-4909 (2026)

Review. 

✓ current as of May 2026
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Review. 

A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within forty-two (42) days from the entry of the judgment. On appeal the state shall be represented by the attorney general.

Notes of Decisions
Cited in 8 cases, 1968–2014 · leading case: Carter v. State, 702 P.2d 826 (Idaho 1985).
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Carter v. State, 702 P.2d 826 (Idaho 1985). · cites it 28× “Carter contends, however, that the time for review of a final judgment under the Uniform Post-Conviction Act is governed by I.C. § 19-4909, which provides for an appeal within 60 days from the entry of judgment.”
Baruth v. Gardner, 715 P.2d 369 (Idaho Ct. App. 1986). · cites it 4× “I.C. § 19-4909. The statute has since been amended to provide for a forty-two day period, consistent with I.”
Parsons v. State, 745 P.2d 300 (Idaho Ct. App. 1987). · cites it 8× “Idaho Code § 19-4909 provides that a final judgment in a post-conviction proceeding may be reviewed by the Supreme Court.”
Pulver v. State, 448 P.2d 241 (Idaho 1968). · cites it 8× “" and I.C. § 19-4909: "A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within 60 days from the entry of the judgment.”
Watkins v. State, 620 P.2d 792 (Idaho 1980). · cites it 2× “§ 19-853(b), § 19-4904 and § 19-4909 clearly require that Watkins should have been informed of his right to counsel and of the right of a needy person to be represented by an attorney at public expense.”
Cunningham v. State, 788 P.2d 243 (Idaho Ct. App. 1990). · cites it 2× “The forty-two day period for filing an appeal under the Uniform Post-Conviction Procedure Act, I.C. § 19-4909, commenced when the district court filed the second order.”
Cherniwchan v. State, 578 P.2d 244 (Idaho 1978). · cites it 2× “Appellant appeals from the denial of post-conviction relief pursuant to I.C. § 19-4909 and requests a resentencing hearing.”
William Allen Oser v. State (Idaho Ct. App. 2014). · cites it 2× “See I.C. § 19-4909 (providing that the review of final judgments entered in post- conviction proceedings is through appeal to the Idaho Supreme Court); I.”
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