Legal Opinion

Buss v. State

Idaho Court of Appeals

Decided April 20, 2009No. 33180PublishedCited by 6 opinions

1Opinion of the Court

GUTIERREZ, Judge.

Tyson Lee Buss appeals from the summary dismissal of his petition for post-eonviction relief. For the reasons set forth below, we reverse and remand for further proceedings.

I

BACKGROUND

Buss entered an Alford1 plea to one count of voluntary manslaughter, I.C. § 18-4006(1), with a deadly weapon enhancement, I.C. § 19-2520. The facts underlying the charges, as revealed by the state at the change of plea hearing, are that Buss became involved in a heated argument with the victim over money owed by Buss to the victim. After approaching Buss on the street, the victim raised his…

2Cases cited17 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Roman v. StateIdaho Court of Appeals · 1994
  3. State v. BearshieldIdaho Supreme Court · 1983
  4. Murray v. StateIdaho Court of Appeals · 1992
  5. Clark v. StateIdaho Supreme Court · 1969

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3Cited by6 opinions

  1. Kelly v. StateIdaho Supreme Court · 2010
  2. State v. CHANTHASENGSupreme Court of Kansas · 2011
  3. Buss v. StateIdaho Court of Appeals · 2009
  4. Ronald Lee Macik v. StateIdaho Court of Appeals · 2013
  5. Taylor v. StateIdaho Court of Appeals · 2019

1 more not listed; retrieve them via the Exa API.

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