Legal Opinion

Andrus v. State

Idaho Court of Appeals

Decided January 9, 2019No. Docket No. 45297PublishedCited by 4 opinions

1Opinion of the CourtHuskey, Judge

Lawrence Scott Andrus appeals from the district court's order denying his Idaho Rule of Civil Procedure 60(b) motion following the summary dismissal of his petition for post-conviction relief. Andrus claims that under the circumstances, he has established unique and compelling circumstances that demonstrate the district court erred when it denied the I.R.C.P. 60(b) motion. We reverse the district court's order and remand the case for further proceedings consistent with this opinion.

I

FACTUAL AND PROCEDURAL BACKGROUND

In the underlying criminal case, Andrus was charged with felony driving under…

2Cases cited14 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Lunneborg v. My Fun Life, Corp.Idaho Supreme Court · 2018
  3. Charboneau v. StateIdaho Supreme Court · 2004
  4. Gem State Insurance v. HutchisonIdaho Supreme Court · 2007
  5. Palmer v. DermittIdaho Supreme Court · 1981

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3Cited by4 opinions

  1. Andrus v. StateIdaho Court of Appeals · 2021
  2. McNeil v. StateIdaho Court of Appeals · 2021
  3. Smith v. StateIdaho Court of Appeals · 2024
  4. State v. FioriIdaho Court of Appeals · 2019

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