Gilbert v. State

This is an appeal by the petitioner, Keith Gilbert, from an order of the district court dismissing his application under I.C. § 19-4901 for post-conviction relief. The dismissal was based on grounds of res judicata resulting from a habeas corpus action pursued almost simultaneously by Gilbert. The district court also found that the post-conviction proceeding was brought frivolously. We affirm the dismissal of the application but reverse the finding of the district court that the action was brought frivolously.

Gilbert was convicted in Kootenai County of welfare fraud and of evasion of state…