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BEAN v. STATE

No. 17221.

809 P.2d 506 (1990)

119 Idaho 645

Scott D. BEAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Review Granted March 22, 1990.

Attorney(s) appearing for the Case

Marvin R. Stucki, Idaho Falls, for petitioner-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., Boise, for respondent.

BURNETT, Judge.

This is a post-conviction relief case. Scott Bean is serving a fixed (determinate) life term of imprisonment for first degree murder. He seeks relief because a codefendant has recanted testimony adverse to him. The issue is whether the recantation "requires vacation of the conviction or sentence in the interest of justice... ." I.C. § 19-4901(a)(4). The district court, focusing primarily upon the conviction, denied relief. Today, for reasons explained...

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