Idaho Supreme Court· 11/2/2015
Timothy Alan Dunlap v. State
Citations
- 159 Idaho 280
- 360 P.3d 289
- 2015 Ida. LEXIS 273
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding appellate counsel’s failure to raise claim on appeal may constitute deficient performance when omitted claim was clearly stronger than the claim(s) presented
- holding appellate counsel who files merits brief should not raise every non- frivolous claim, but rather select from among them in order to maximize likelihood of success on 8 appeal
- “An application for post-conviction relief must present or be accompanied by admissible evidence supporting its allegations, or the application is subject to dismissal.”
- “We use the same test to evaluate ineffective assistance of appellate counsel on direct appeal as we use to evaluate ineffective assistance of trial counsel.”
- “Because we conclude Dunlap’s substantive claims were not pursued in a timely manner, we will address the merits of these claims in the second part of this opinion, where we consider the corresponding claims of ineffective assistance of appellate counsel.”
- “Because we conclude Dunlap’s substantive claims were not pursued in a timely manner, we will address the merits of these claims in the second part of this opinion, where we consider the corresponding claims of ineffective assistance of appellate counsel.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Burdick, Eismann, Horton, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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