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Schwartz v. State

Citations

  • 177 P.3d 400
  • 145 Idaho 186
  • 2008 Ida. App. LEXIS 10

How courts have described this case

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

  • concluding that almost twelve months from the date Schwartz was aware of the claims was too long a period to be reasonable
  • holding that waiting twelve months to file a successive petition alleging ineffective assistance of counsel was not a reasonable time
  • concluding that a petition for post-conviction relief was untimely and although counsel’s failure to take any action on the defendant’s behalf may constitute deficient performance, the defendant was left with no remedy other than perhaps an action for malpractice
  • holding a sufficient reason to re-raise an issue may be shown by prior post-conviction counsel’s ineffective assistance on that issue

Source: CourtListener parenthetical corpus (CC0).

Judges: Perry, Gutierrez, Lansing

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

19 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.