McDonald v. State

WALTERS, Chief Judge.

This is an appeal from an order of the district court summarily dismissing an application for post-conviction relief. The applicant sought relief for alleged violation of the due process requirements for prisoner evaluations under the retained jurisdiction program at the North Idaho Correctional Institute. The sole issue presented is whether the allegations in the application framed any genuine issue of material fact. 1 For the reasons explained below, we conclude that they do not and the summary dismissal was proper.

In October, 1989, Brian McDonald was convicted in two…