upholding district court’s summary dismissal of application for post-conviction relief where district court clearly expressed its inclination not to reduce applicant’s sentence
How later courts described this case
- upholding district court’s summary dismissal of application for post-conviction relief where district court clearly expressed its inclination not to reduce applicant’s sentence
Written by the judges who cited it.
The opinion
CAREY, Judge Pro Tem.,
specially concurring.
I concur in the analysis and the result, which also are supported by the recent case of McDonald v. State, 124 Idaho 103 , 856 P.2d 893 (Ct.App.1992). In McDonald the Court of Appeals intimated that a post-conviction hearing may be unnecessary if the trial judge determines that his or her discretionary decision will not change even if the allegations in the application for post-conviction relief are true and even if the application shows that the original proceedings may have been tainted by legal or factual error.