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eBook details

• Title: Jose Alphonso Martinez v. State Idaho
• Author : Court of Appeals of Idaho
• Release Date : January 28, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

LANSING, J. In his application for post-conviction relief, Jose Alphonso Martinez alleged that he was denied the effective assistance of counsel during the course of his trial for first-degree murder. The State moved for summary dismissal of Martinez's claims, and the district court dismissed Martinez's application without conducting an evidentiary hearing. Martinez appeals from the dismissal order. He also challenges the denial of his motion to disqualify the Judge presiding in the post-conviction proceeding. We find no abuse of discretion in the trial court's denial of Martinez's motion to disqualify. We conclude it was error, however, for the district court to summarily dismiss the application for post-conviction relief when neither the State's motion nor any notification from the court had given Martinez notice of the prospective grounds for dismissal.

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