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EBY v. STATE

No. 36568.

228 P.3d 998 (2010)

Daniel Lee EBY, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, January 2010 Term.

March 18, 2010.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Rebekah Cude argued.

HORTON, Justice.

After years of shocking and disgraceful neglect of his case by a series of attorneys appointed to represent Daniel Lee Eby (Eby), his petition for post-conviction relief was dismissed for inactivity pursuant to I.R.C.P. 40(c). In this appeal, we are asked to decide whether Eby may be entitled to relief from the order of dismissal pursuant to I.R.C.P. 60(b). We conclude that, in rare instances, such relief may be available under I.R.C.P. 60(b)(6) and...

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