Legal Opinion

Hernandez v. State

Idaho Supreme Court

Decided November 2, 1995No. 22090PublishedCited by 21 opinions

1Opinion of the Court

JOHNSON, Justice.

This is a post-conviction ease. The petitioner alleged ineffective assistance of counsel based on his attorney’s failure to file a petition for this Court to review a decision of our Court of Appeals. We conclude that the trial court properly dismissed the post-conviction petition because the petitioner did not show that the lack of a petition for review prejudiced him in seeking collateral review of his convictions and sentences by the federal courts.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

Raul D. Hernandez was convicted of three counts of delivering controlled substances and…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Aragon v. StateIdaho Supreme Court · 1988
  3. State v. RaudebaughIdaho Supreme Court · 1993
  4. State v. TuckerIdaho Supreme Court · 1975
  5. State v. HernandezIdaho Court of Appeals · 1991

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

3Cited by21 opinions

  1. Myers v. Workmen's Auto InsuranceIdaho Supreme Court · 2004
  2. Sun Valley Potato Growers, Inc. v. Texas Refinery Corp.Idaho Supreme Court · 2004
  3. Struhs v. Protection Technologies, Inc.Idaho Supreme Court · 1999
  4. Smith v. StateIdaho Supreme Court · 2009
  5. Erick Virgil Hall v. StateIdaho Supreme Court · 2013

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

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