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PAYNE v. STATE

No. 42858.

367 P.3d 274 (2016)

Troy Dwayne PAYNE, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Filed February 26, 2016.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP; Deborah Whipple , Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Russell J. Spencer , Deputy Attorney General, Boise, for respondent.

Troy Dwayne Payne appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. Specifically, Payne argues he raised a genuine issue of material fact regarding ineffective assistance of his trial counsel for failing to request jury instructions on two defenses—innocent or temporary...

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