YBARRA v. DERMITT

No. 13981.

657 P.2d 14 (1983)

104 Idaho 150

Johnny M. YBARRA, Petitioner-Appellant, v. Ed DERMITT, Warden, Idaho State Penitentiary, Respondent.

Supreme Court of Idaho.

January 7, 1983.


Attorney(s) appearing for the Case

Klaus Wiebe, Ada County Public Defender, Laird B. Stone, Boise, for petitioner-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for respondent.


DONALDSON, Chief Justice.

Two letters, attached to the presentence report were included in Ybarra's institutional file and were examined by the Parole Commission before denying him parole in March 1978, and again in March 1979. After the second denial Ybarra filed a petition for a writ of habeas corpus and requested that the letters be removed from his file. The magistrate judge denied the petition and Ybarra appealed to the district court. The district court also...

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