Cole v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that petitioner’s “statement, requesting leave to amend if his counsel so suggests, is not a specific request to the court for leave to amend” because it only contemplates that petitioner may want leave to amend if his counsel so suggests
• holding: “Because Cole did not properly request and receive leave to amend his post-conviction relief petition, the amended petition was not properly before the district judge; therefore, the district judge did not err in dismissing Cole’s petition.”
• saying in. a post-conviction case, the statute of limitation defense is not a jurisdictional issue that may be raised at any time and it is waived by failure to raise the de fense in the trial court
• “a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition”
• “a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition”
• failure to comply with limitation period does not result in a jurisdictional defect

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Dunlap v. State
  Idaho Supreme Court· 2004-11-30· cited 413×
• Allen v. Siebert
  Supreme Court· 2007-11-05· cited 215×
• Stuart v. State
  Idaho Supreme Court· 2010-05-10· cited 44×
• Schultz v. State
  Idaho Court of Appeals· 2011-05-09· cited 38×
• Salvador Martinez v. Joe Klauser, Warden
  Ninth Circuit· 2001-09-18· cited 37×
• State v. Armstrong
  Idaho Court of Appeals· 2008-08-15· cited 32×
• State v. Jensen
  Idaho Court of Appeals· 2010-05-21· cited 15×
• Rodriquez v. State
  Idaho Supreme Court· 2023-02-10· cited 13×
• Nguyen v. Bui
  Idaho Court of Appeals· 2008-07-21· cited 12×
• Dopp v. Idaho Commission of Pardons & Parole
  Idaho Court of Appeals· 2004-01-27· cited 12×
• Kirkland v. State
  Idaho Supreme Court· 2006-10-31· cited 10×
• Monahan v. State
  Idaho Court of Appeals· 2008-04-22· cited 9×
• State v. Ochieng
  Idaho Court of Appeals· 2009-04-28· cited 6×
• Hairston v. State
  Idaho Supreme Court· 2020-09-03· cited 5×
• Hairston v. State
  Idaho Supreme Court· 2020-07-06
• Tucker v. State
  Idaho Court of Appeals· 2026-03-30