Idaho v. Dunlap
Annotate this CaseDefendant-Appellant Timothy Dunlap received the death penalty following his guilty plea to first-degree murder. He appealed the sentence, alleging multiple errors during trial, and that he received ineffective assistance of counsel. Although the Supreme Court found found error in the direct appeal from the sentencing proceedings, it held those errors, individually and cumulatively, were harmless. As to the appeal of the order summarily dismissing defendant's petition for post-conviction relief, the Court held that the district court erred in summarily dismissing defendant's claim of ineffective assistance of counsel regarding the investigation and presentation of mitigating evidence and the rebuttal of the State’s evidence in aggravation and defendant's "Brady/Napue" claim. Therefore, the Court vacated the district court’s judgment granting summary dismissal of defendant's petition for post-conviction relief and remanded the case for further proceedings.
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