[Download] "Melton Waters Gibbs v. State Idaho" by Court of Appeals of Idaho No. 13910 # Book PDF Kindle ePub Free
eBook details
- Title: Melton Waters Gibbs v. State Idaho
- Author : Court of Appeals of Idaho No. 13910
- Release Date : January 03, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Melton Gibbs is serving a lengthy sentence in the state of Texas following his conviction there of the crime of rape. He contends that this sentence was enhanced under Texas law because he had a previous conviction of rape in Bingham County, Idaho, more than thirty years ago. Hoping to get his Texas sentence reduced, Gibbs has filed an application for a writ of habeas corpus in Bingham County. He seeks to set aside his former conviction on the ground that it was based upon a guilty plea entered without a knowing and intelligent waiver of rights. In the district court Gibbs' application was treated as one for post-conviction relief under the Idaho Uniform Post-Conviction Procedure Act. The state moved to dismiss the application on the sole ground that it was not timely filed under I.C. § 19-4902.[Footnote 1] The district court granted the motion to dismiss. However, the court based its decision not on the question of timeliness, but on the merits of Gibb's application.