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VAVOLD v. STATE

No. 35339.

218 P.3d 388 (2009)

Jerry E. VAVOLD, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, June 2009 Term.

Rehearing Dismissed October 20, 2009.

Attorney(s) appearing for the Case

Griffard Law Offices, Boise, for appellant. Leo N. Griffard Jr. argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Ken Jorgensen argued.

HORTON, Justice.

Appellant Jerry E. Vavold appeals from the summary dismissal of his petition for post-conviction relief. Vavold seeks a new sentencing hearing based upon ineffective assistance of counsel and violation of his Fifth and Sixth Amendment rights. Vavold argues that the Court should retroactively apply to his case the rule announced in Estrada v. State, 143 Idaho 558, 149 P.3d 833 (2006), which held that a right...

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