Legal Opinion

Wolfe v. State

Idaho Court of Appeals

Decided August 3, 1988No. 16959PublishedCited by 8 opinions

1Per curiam

This is an appeal from the summary dismissal of a petition for a writ of habeas corpus. The sole issue is whether the petitioner, an inmate at the Idaho State Correctional Institution (ISCI), was denied his Fourteenth Amendment right to procedural due process when he was classified as a “close custody” prisoner. Upon the record presented, we hold that a due process violation has not been established.

When a petition is dismissed without an evidentiary hearing, an appellate court will view the alleged facts in a light most favorable to the petitioner. See Mahaffey v. State, 87 Idaho 228, 392…

2Cases cited4 opinions

  1. State v. WolfeIdaho Supreme Court · 1978
  2. Mahaffey v. StateIdaho Supreme Court · 1964
  3. Izatt v. StateIdaho Supreme Court · 1983
  4. Wright v. DermittIdaho Supreme Court · 1983

3Cited by8 opinions

  1. State v. LeeIdaho Court of Appeals · 1990
  2. Parrott v. StateIdaho Supreme Court · 1990
  3. Dailey v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 1998
  4. Dopp v. Idaho Commission of Pardons & ParoleIdaho Court of Appeals · 2004
  5. Swain v. StateIdaho Court of Appeals · 1992

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