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STUART v. STATE

No. 20060.

907 P.2d 783 (1995)

127 Idaho 806

Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, January 1994 Term.

Rehearing Denied January 8, 1996.

Attorney(s) appearing for the Case

Robert E. Kinney, Orofino, for appellant.

Larry EchoHawk, Atty. Gen., and Lynn E. Thomas, Deputy Atty. Gen., Boise, for respondent. Lynn E. Thomas argued.

BISTLINE, Justice.1

This is an appeal by Gene Francis Stuart (Stuart) from the denial of his second petition for post conviction relief in which he alleged that his telephone calls from the Clearwater County Jail to his attorney(s) had been impermissibly monitored or taped. After an evidentiary hearing, the district court denied Stuart's petition, concluding that Stuart had failed to carry his burden of proof. Because we hold that there...

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