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STUART v. STATE

No. 34200.

232 P.3d 813 (2010)

Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, November 2009 Term.

May 10, 2010.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, and Federal Defender Services of Idaho, Moscow, for appellant. Oliver Loewy argued.

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

HORTON, Justice.

Gene Frances Stuart (Stuart) appeals the district court's judgment dismissing his fourth petition for post-conviction relief as untimely under I.C. § 19-2719. In this appeal, Stuart argues that I.C. § 19-2719 is inapplicable to him as it does not retroactively apply to his case, it is an ex post facto law, it violates the Idaho Constitution's separation of powers, it violates his equal protection and due process rights under the Idaho...

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