eBook details
- Title: Francis Fisher v. Mervin Fisher
- Author : Supreme Court Of Idaho
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is a post-conviction relief case. Scott Bean is serving a fixed (determinate) life term of imprisonment for first degree murder. He seeks relief because a co-defendant has recanted testimony adverse to him. The issue is whether the recantation "requires vacation of the conviction or sentence in the interest of Justice. .. ." I.C. § 19-4901(a)(4). The district court, focusing primarily upon the conviction, denied relief. Today, for reasons explained below, we uphold the district courts ruling as to the conviction, but we remand the case for additional consideration relating to the sentence.