DeRUSHE v. STATE

No. 35116.

200 P.3d 1148 (2009)

William Kris DeRUSHÉ, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, November 2008 Term.

January 22, 2009.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Diane M. Walker argued.

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


EISMANN, Chief Justice.

This is an appeal from the dismissal of an application for post-conviction relief. We hold that the district court erred in dismissing the claim that the applicant had been denied the right to testify in his own behalf during the underlying criminal trial. We also hold that an applicant cannot challenge for the first time on appeal the sufficiency of the grounds stated in connection with the State's motion for summary disposition. We remand...

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