(Download) "Merrifield V. Arave" by Court of Appeals of Idaho # eBook PDF Kindle ePub Free
eBook details
- Title: Merrifield V. Arave
- Author : Court of Appeals of Idaho
- Release Date : January 18, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal in a habeas corpus preceeding. John Merrifield, an inmate of a state penal institution, seeks review of a magistrate's order dismissing Merrifield's petition for a writ of habeas corpus. The magistrate's order was upheld on an intermediate appeal to the district court. The dismissal order was entered upon the pleadings, affidavits and documents submitted by the parties after the respondents moved for dismissal on the ground that the petition failed to state a claim upon which relief could be granted. Pursuant to the Idaho Rules of Civil Procedure applicable to habeas corpus actions, Jacobsen v. State, 99 Idaho 45, 577 P.2d 24 (1978); Sivak v. Ada County, 118 Idaho 193, 795 P.2d 898 (Ct.App. 1990), the magistrate was required to treat the Respondents' motion as one for summary judgment under I.R.C.P. 56 upon considering matters outside the pleadings. See I.R.C.P. 12(b) and 12(c); Boesiger v. DeModena, 88 Idaho 337, 399 P.2d 635 (1965); Hellickson v. Jenkins, 118 Idaho 273, 276, 796 P.2d 150, 153 (Ct.App. 1990). However, because the record shows that discovery proceedings undertaken by Merrifield were pending and had not been ruled upon by the magistrate when the dismissal order was entered, we conclude that the magistrate erred by granting the Respondents' motion for dismissal. Accordingly, we vacate the dismissal order and remand the action for further proceedings. *fn1
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