Somphiane Saykhamchone v. State Idaho - Supreme Court Of Idaho

Somphiane Saykhamchone v. State Idaho

By Supreme Court Of Idaho

  • Release Date: 1995-07-27
  • Genre: Law

Description

SILAK, Justice This is an appeal from the summary dismissal of an application for post-conviction relief which alleged ineffective assistance of counsel. This appeal raises two issues: (1) whether the district erred in dismissing the application without giving the twenty-day notice required under I.C. ยง 19-4906(b); and (2) whether the district court correctly concluded that the application failed to raise any genuine issues of material fact. A jury found petitioner Somphiane Saykhamchone (Saykhamchone) guilty of first degree murder for the shooting death of a fellow employee at a dairy. He was sentenced to an indeterminate life sentence, enhanced by a ten-year indeterminate sentence for the use of a firearm in the murder. Saykhamchone appealed only his sentence, alleging it was illegal. The Court of Appeals affirmed in State v. Saykhamchone, 112 Idaho 1128, 739 P.2d 427 (Ct. App. 1987).

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