United States Ninth Circuit

Idaho Code 19-2719, which requires capital defendants to file any legal or factual challenge to the sentence or conviction that is known within forty-two days of the entry of judgment, is an unreasonable restriction on exercising one's federally protected constitutional right to counsel.

Appellate Information

• Decided 01/03/2001
• Published 01/03/2001

Judges

• PREGERSON, Circuit Judge:, Before:  PREGERSON, W. FLETCHER and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joan M. Fisher, Federal Defenders of Eastern Washington and Idaho, Moscow, Idaho and Ellison Matthews, Boise, Idaho, for the petitioner-appellant.


• For Appellees:
  
• L. LaMont Anderson, Deputy Attorney General, Boise, Idaho, for the respondent-appellee.