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RHOADES v. STATE

No. 34236.

220 P.3d 571 (2009)

Paul Ezra RHOADES, Petitioner/Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, August 2009 Term.

October 19, 2009.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant. Oliver Loewy argued.

Lawrence G. Wasden, Attorney General, Boise, for respondent. Lamont Anderson argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This case arises from Appellant Paul Ezra Rhoades's (Rhoades) 1988 conviction for the murder, kidnapping, robbery, rape, and infamous crime against nature of Susan Michelbacher. In 2002, Rhoades filed a petition for post-conviction relief and new DNA testing. Rhoades filed a motion to amend his petition, which the district court denied. Rhoades then filed a motion to withdraw Count I of his petition in order to appeal...

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