Summary Dismissal of a Post Conviction Application In Idaho
Summary dismissal of a post-conviction application is appropriate only if there exists no genuine issue of material fact which, if resolved in the applicant's favor, would entitle him to the requested relief.
If a genuine factual issue is presented, an evidentiary hearing must be conducted. Gonzales v. State, 120 Idaho 759, 763, 819 P.2d 1159, 1163 (Ct. App. 1991); Hoover v. State, 114 Idaho 145, 754 P.2d 458 (Ct. App. 1988).
Therefore, on review of a summary dismissal, we must examine the record to determine whether there are genuine issues of material fact and, if the material facts are undisputed, whether on those facts the State was entitled to judgment as a matter of law. Hoover, 114 Idaho at 146, 754 P.2d at 459.
In making this assessment, we do not give evidentiary value to mere conclusory allegations that are unsupported by admissible evidence. Paradis v. State, 110 Idaho 534, 536, 716 P.2d 1306, 1308 (1986); Dunlap v. State, 126 Idaho 901, 894 P.2d 134 (Ct. App. 1995); Drapeau v. State, 103 Idaho 612, 617, 651 P.2d 546, 551 (Ct. App. 1982).