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KELLY v. STATE

No. 36659.

236 P.3d 1277 (2010)

Gregory Louis KELLY, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, May 2010 Term.

July 27, 2010.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP., Boise, for appellant. Dennis A. Benjamin argued.

Lawrence G. Wasden, Attorney General, Boise, for respondent. Rebekah A. Cude, Deputy Attorney General argued.

BURDICK, Justice.

This case comes before this Court on the grant of a petition for review from a Court of Appeals decision, considering the district court's summary dismissal of Gregory Kelly's pro se petition for post-conviction relief. The Court of Appeals decision affirmed the district court judgment in part, reversed in part, and remanded for further proceedings. In its petition for review the State argues that the Court of Appeals erred in finding that...

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