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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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.