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SWISHER v. STATE

No. 22304.

926 P.2d 1314 (1996)

129 Idaho 467

Arden SWISHER, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

October 31, 1996.

Attorney(s) appearing for the Case

R. James Archibald, Rigby, for petitioner-appellant.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

This is an appeal from an order summarily dismissing Arden Swisher's application for post-conviction relief. On appeal, Swisher asserts that the district court erred in failing to rule upon Swisher's request for appointed counsel before considering the merits of Swisher's claims and by summarily dismissing Swisher's application. We conclude that the district court committed error in failing to act upon Swisher's motion for appointed counsel before...

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