Legal Opinion · Dissent

Walker v. State

Idaho Supreme Court

Decided November 7, 1968No. 10228Published

1DissentMcQUADE, Justice

This is a petition for post-conviction relief under the Uniform Post-Conviction Relief Act as enacted in Idaho by Sess. Laws 1967, ch. 25, and found in chapter 49, title 19, Idaho Code.

The petitioner alleges that one ground of his unlawful detention is “arrest without a warrant [on] the uncorroborated say-so of an accomplice.” The majority dismisses this allegation as a basis for post-conviction relief by stating that “Idaho has consistently held that unlawful arrest cannot be successfully raised by habeas corpus, because once the court obtained jurisdiction, it is immaterial how it was…

2Cases cited48 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Brown v. AllenSupreme Court of the United States · 1953

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