Paz v. State

It is readily agreed that any claim which is known or reasonably should have been known must be raised in a petitioner’s initial petition seeking post-conviction relief. I am unable to agree with the majority’s conclusion that Paz “has failed to meet his burden under I.C. § 19-2719” to make “a prima facie showing that the issues raised were not known and could not reasonably have been known within 42 days of judgment.” At 760, 852 P.2d at 1357. Common sense compels the opposite conclusion. Accordingly, I must dissent.

Because the Court there reached the merits of the claimed ineffective…