Legal Opinion

Martinez v. State

Idaho Court of Appeals

Decided May 30, 1997No. 22735PublishedCited by 54 opinions

1Opinion of the Court

LANSING, Judge.

This is an appeal from a district court order summarily dismissing an application for post-conviction relief on the ground that the action was untimely. The appellant raises several challenges to the application of the statute of limitation in this case.

I

FACTS AND PROCEDURAL BACKGROUND

On June 12, 1990, a jury found Salvador Martinez guilty of rape, I.C. § 18-6101, fore ible sexual penetration by use of a foreign object, I.C. § 18-6608, and kidnapping in the second degree, I.C. §§ 18-4501, -4503. Martinez was sentenced to an indeterminate life sentence with a twenty-year minimum…

2Cases cited31 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Bounds v. SmithSupreme Court of the United States · 1977
  3. Procunier v. MartinezSupreme Court of the United States · 1974
  4. Brown v. AllenSupreme Court of the United States · 1953
  5. Michel v. LouisianaSupreme Court of the United States · 1956

26 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Rhoades v. StateIdaho Supreme Court · 2009
  2. Commonwealth v. LambertSuperior Court of Pennsylvania · 2000
  3. Salvador Martinez v. Joe Klauser, WardenCourt of Appeals for the Ninth Circuit · 2001
  4. Struhs v. Protection Technologies, Inc.Idaho Supreme Court · 1999
  5. Evensiosky v. StateIdaho Supreme Court · 2001

49 more not listed; retrieve them via the Exa API.

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