CLEMENS v. STATE

No. 16439.

733 P.2d 1263 (1987)

112 Idaho 638

Rick CLEMENS, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

March 4, 1987.


Attorney(s) appearing for the Case

Neal S. Stivers, Ada County Public Defender, Boise, for petitioner-appellant.

Jim Jones, Atty. Gen., by Lynn E. Thomas, Sol. Gen., and Timothy D. Wilson (argued), Deputy Atty. Gen., Boise, for respondent.

Before WALTERS, C.J., BURNETT, J., and HUNTLEY, J. pro tem.


PER CURIAM.

This is an appeal from dismissal of a petition for habeas corpus. The sole issue is whether the petitioner, an inmate at the Idaho State Correctional Institution (ISCI), has been denied adequate medical care, resulting in cruel and unusual punishment within the meaning of the Eighth Amendment to the United States Constitution. Upon the record presented, we hold that an Eighth Amendment violation has not been established.

The facts set forth in...

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