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QUINLIVAN v. STATE

No. 10486.

487 P.2d 928 (1971)

94 Idaho 334

Edward J. QUINLIVAN, Plaintiff-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

August 2, 1971.

Attorney(s) appearing for the Case

Derr, Derr & Walters, Boise, for plaintiff-appellant.

W. Anthony Park, Atty. Gen., and Martin R. Ward, Deputy Atty. Gen., Boise, for defendant-appellee.

SPEAR, Justice.

Edward J. Quinlivan was charged with first degree murder and, at trial, convicted by a jury. After conviction, he was sentenced to the Idaho State Penitentiary. No appeal was taken from the judgment of conviction. On March 19, 1969, Mr. Quinlivan filed a motion for post-conviction relief pursuant to I.C. §§ 19-4901 et seq. Accompanying this motion was a forma pauperis affidavit.

The Ada County Prosecutor's office responded with a...

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