Legal Opinion
Dunlap v. State
Idaho Court of Appeals
Decided March 1, 1995No. 20777PublishedCited by 29 opinions
1Opinion of the Court
LANSING, Judge.
Cary K. Dunlap appeals from the summary dismissal of his application for post-conviction relief. He contends that genuine issues of material fact precluded the granting of such a dismissal and that an evidentiary hearing is required to enable the district court to resolve these factual issues. With respect to one of Dunlap’s claims, we agree that summary dismissal was improper. We therefore vacate the dismissal order in part and remand the ease for further proceedings.
I. FACTS AND PROCEDURAL BACKGROUND
Dunlap was charged in 1988 with one count of grand theft by possession of…
2Cases cited30 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Hill v. LockhartSupreme Court of the United States · 1985
- Franks v. DelawareSupreme Court of the United States · 1978
- Blackledge v. AllisonSupreme Court of the United States · 1977
25 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hayes v. StateIdaho Court of Appeals · 2008
- Cootz v. StateIdaho Court of Appeals · 1996
- Gilpin-Grubb v. StateIdaho Supreme Court · 2002
- Follinus v. StateIdaho Court of Appeals · 1995
- State v. WilsonIdaho Court of Appeals · 1997
24 more not listed; retrieve them via the Exa API.