No. 40963.

335 P.3d 57 (2014)

Harvey L. MAHLER, Petitioner-Appellant v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Review Denied October 14, 2014.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Justin M. Curtis , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Daphne J. Huang , Deputy Attorney General, Boise, for respondent.


Harvey L. Mahler was convicted of lewd conduct with a minor. In this case, he filed a petition for post-conviction relief after the statute of limitations had passed. The State responded with a motion seeking summary dismissal on that basis, but Mahler argued he was entitled to equitable tolling because of his intellectual disability. The post-conviction court considered the affidavits submitted by Mahler and records from the underlying criminal case...

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