Legal Opinion

Milburn v. State

Idaho Court of Appeals

Decided October 3, 1997No. 22522PublishedCited by 15 opinions

1Opinion of the Court

LANSING, Chief Judge.

This is an appeal from a district court’s order summarily dismissing an application for post-conviction relief which asserted, inter alia, a claim of ineffective assistance of counsel. Because we conclude that the applicant’s evidence raises factual issues regarding the adequacy of the legal representation he received during his criminal trial, we reverse the district court’s order dismissing the application.

I

BACKGROUND

In April 1992, Darin Milbum was charged with first degree murder for the shooting death of Carey Shaddy. A jury found Mil-bum guilty of second degree…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Nix v. WhitesideSupreme Court of the United States · 1986
  5. Aragon v. StateIdaho Supreme Court · 1988

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3Cited by15 opinions

  1. Sheahan v. StateIdaho Court of Appeals · 2008
  2. Knutsen v. StateIdaho Court of Appeals · 2007
  3. State v. WeCourt of Appeals of Washington · 2007
  4. Milburn v. StateIdaho Court of Appeals · 1997
  5. Cook v. StateIdaho Supreme Court · 2014

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