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KIRKLAND v. STATE

No. 32714.

149 P.3d 819 (2006)

David KIRKLAND, Plaintiff-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Coeur d'Alene, August 2006.

Rehearing Denied January 22, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

BURDICK, Justice.

This case asks the Court to determine whether I.C. § 19-4906(b) authorizes a court to sua sponte dismiss a petition for post-conviction relief based on untimeliness. This case also asks the Court to determine whether the district court erred in dismissing a petition for post-conviction relief and whether it erred in denying a motion to reconsider dismissal of the petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant, David...

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