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NEEDS v. IDAHO STATE DEPT. OF CORRECTION

No. 17310.

766 P.2d 1280 (1988)

115 Idaho 399

Sally J. NEEDS, Petitioner-Respondent v. The IDAHO STATE DEPARTMENT OF CORRECTION AT OROFINO, and the agents and servants thereof, Respondents-Appellants.

Court of Appeals of Idaho.

December 30, 1988.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Timothy D. Wilson, Deputy Atty. Gen., Boise, for respondents-appellants.

Lance D. Churchill, Boise, for petitioner-respondent.

PER CURIAM.

In this appeal by the Department of Correction, the sole issue is whether the district court erred by concluding that costs and attorney fees should be awarded to Sally Needs, the petitioner in a habeas corpus action. We vacate the order granting the award and we remand this case for further proceedings.

Sally Needs is an inmate in the custody of the State Board of Correction. She petitioned the district court for a writ of habeas corpus, alleging...

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