Saykhamchone v. State

SILAK, Justice.

This is an appeal from the summary dismissal of an application for post-conviction relief which alleged ineffective assistance of counsel. This appeal raises two issues: (1) whether the district erred in dismissing the application without giving the twenty-day notice required under I.C. § 19 — 4906(b); and (2) whether the district court correctly concluded that the application failed to raise any genuine issues of material fact.

A jury found petitioner Somphiane Sayk-hamchone (Saykhamchone) guilty of first degree murder for the shooting death of a fellow employee at a dairy. He…