RAY v. STATE

No. 24092.

982 P.2d 931 (1999)

133 Idaho 96

Donald P. RAY, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, January 1999 Term.

Rehearing Denied August 24, 1999.


Attorney(s) appearing for the Case

Kehne Law Office, Boise, for appellant. Rolf M. Kehne argued.

Hon. Alan G. Lance, Attorney General; Kenneth M. Robins, Deputy Attorney General, Boise, for respondent. Kenneth M. Robins argued.


TROUT, Chief Justice.

This is an appeal from the district court's order denying the appellant, Donald P. Ray's (Ray) claims for post-conviction relief following an evidentiary hearing.

I.

BACKGROUND

In 1994, Ray was living with his sister, D.U. and the victim, D.U.'s prepubescent daughter. Sometime during that year, D.U. discovered a videotape, recorded by Ray, which depicted the victim sleeping...

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