Baruth v. Gardner

ON DENIAL OF PETITION FOR REHEARING

This Opinion Supercedes Prior Opinion Issued December 10, 1985, Which is Withdrawn.

SWANSTROM, Judge.

Roger Eugene Baruth appeals from the summary dismissal of his petition for post-conviction relief, under I.C. § 19-4906. Ba-ruth was convicted after a jury trial of robbery. 1 On appeal he presents three issues: (1) whether the district court erred by not giving Baruth twenty-days notice under I.C. § 19-4906 before dismissing the petition for post-conviction relief; (2) whether the judge who dismissed his application erred in requiring Baruth to provide…