CHERNIWCHAN v. STATE

No. 12493.

578 P.2d 244 (1978)

99 Idaho 128

James Arthur CHERNIWCHAN, also known as Ben Cole, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

May 2, 1978.


Attorney(s) appearing for the Case

W. Baxter Brown, Coeur d'Alene, for petitioner-appellant.

Wayne L. Kidwell, Atty. Gen., Arthur James Berry, III, Asst. Atty. Gen., Boise, for appellee.


McFADDEN, Justice.

This appeal is from the judgment of the district court denying, without an evidentiary hearing, appellant's application for post-conviction relief. The judgment of the district court is reversed and the case is remanded.

Petitioner-appellant James A. Cherniwchan pleaded guilty to charges of second degree kidnapping and was sentenced to twenty-five years imprisonment. Appellant then applied for post-conviction relief, alleging that he had...

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