by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Application for Relief. An application for post-conviction relief from a judgment of conviction or sentence must be in the form of a petition and filed in the district court where the defendant was convicted. The petition must be in substantially the form found in...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Death Sentence. The court must stay a death sentence if the defendant appeals the conviction or sentence.(b) Imprisonment.(1)Stay Granted. If the defendant is released pending appeal, the court must stay a sentence of imprisonment.(2)Stay Denied; Place of...
by admin | May 11, 2021 | Civil Procedure, Idaho
A motion for attorney fees as costs incurred by the prosecuting attorney must be supported by an affidavit of the attorney setting forth: * the basis and method of computation; * the number of hours actually spent on the case;* the hourly rate;* a brief description of...
by admin | May 11, 2021 | Civil Procedure, Idaho
After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.Id. Crim. R. 36Adopted by Order dated February...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Illegal Sentences. The court may correct a sentence that is illegal from the face of the record at any time.(b) Sentences Imposed in an Illegal Manner or Reduction of Sentence. Within 120 days of the entry of the judgment imposing sentence or order releasing...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) In General. On the defendant’s motion, the court may vacate any judgment and grant a new trial on any ground permitted by statute. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.(b) Time to...
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