Atkinson v. State
Idaho Court of Appeals
1Opinion of the Court
LANSING, Chief Judge.
This is an appeal from a district court’s order summarily dismissing an application for post-conviction relief as untimely. Because we conclude that the application was filed within the statutory limitations period, *223we reverse and remand the case to the district court for further proceedings.
FACTS AND PROCEDURAL BACKGROUND
In 1992, the appellant, Melvin Atkinson, was charged with aggravated battery, I.C. §§ 18-903(c) and 18-907(b), after throwing a man off a moving train. Following a jury trial, he was convicted and sentenced by the district court to serve a unified…
2Cases cited13 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Houston v. LackSupreme Court of the United States · 1988
- Riggins v. NevadaSupreme Court of the United States · 1992
- Heath v. AlabamaSupreme Court of the United States · 1985
- George W. Watkins Family v. MessengerIdaho Supreme Court · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thomson v. City of LewistonIdaho Supreme Court · 2002
- McKinney v. StateIdaho Supreme Court · 1999
- Crawford v. Department of CorrectionIdaho Supreme Court · 1999
- Cochran v. StateIdaho Court of Appeals · 1999
- White v. St. Alphonsus Regional Medical CenterIdaho Court of Appeals · 2001
6 more not listed; retrieve them via the Exa API.