LaBrake v. State

How courts have described this case

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

• recognizing that, when deciding a motion to dismiss for failure to state a prima facie claim for post-conviction relief, a court need not assume the truth of “conclusory assertions concerning the ultimate facts to be decided”
• distinguishing between habeas corpus and post-conviction relief; explaining that habeas is available only when PCR is inadequate or unavailable
• allowing courts to disregard factual assertions in applications for post-conviction relief if the existing record or the court’s own judicial notice demonstrated that the assertions were patently false
• \[an appellate court] review[s] a grant of summary judgment de novo \

Source: CourtListener parenthetical corpus (CC0).