Legal Opinion

Clemens v. State

Idaho Court of Appeals

Decided March 4, 1987No. 16439PublishedCited by 8 opinions

1Per curiam

This is an appeal from dismissal of a petition for habeas corpus. The sole issue is whether the petitioner, an inmate at the Idaho State Correctional Institution (ISCI), has been denied adequate medical care, resulting in cruel and unusual punishment within the meaning of the Eighth Amendment to the United States Constitution. Upon the record presented, we hold that an Eighth Amendment violation has not been established.

The facts set forth in the petition and adduced in the proceedings below, when viewed in the best light to the petitioner, are as follows. Rick Clemens requested the ISCI…

2Cases cited3 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Mitchell v. HendricksDistrict Court, E.D. Pennsylvania · 1977
  3. Cooper v. StateIdaho Supreme Court · 1976

3Cited by8 opinions

  1. Hays v. StateIdaho Court of Appeals · 1987
  2. Wilson v. StateIdaho Court of Appeals · 1987
  3. Duvalt v. SonnenIdaho Court of Appeals · 2002
  4. Sivak v. StateIdaho Court of Appeals · 1988
  5. Hayes v. ConwayIdaho Court of Appeals · 2007

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