No. 23-7771

Stephen Lundquist v. Idaho

Lower Court: Idaho
Docketed: 2024-06-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-v-maryland brady-violation criminal-intent due-process duress evidence evidence-standard judicial-procedure post-conviction-relief reasonable-probability state-court
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. Is the Idaho state court in violation of the rule in Brady v. Maryland by changing
the evidence, contrary to uncontroverted evidence, in dismissing the third component
of a Brady violation that obviates "reasonable probability of a different verdict "?

2. When pursuant to the Uniform Post Conviction Procedure Act, where only a
preponderance of evidence is required, does the standard of reasonable probability
become more attainable when only a preponderance of evidence is the threshold?

3. Is the State of Idaho in conflict with Federal laws and other States where duress
negates criminal intent?

Question Presented (AI Summary)

Is the Idaho state court in violation of the Brady-v-maryland rule by changing the evidence, contrary to uncontroverted evidence, in dismissing the third component of a Brady violation that obviates 'reasonable probability of a different verdict'?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-12
Waiver of Idaho of right to respond submitted.
2024-07-12
Waiver of right of respondent Idaho to respond filed.
2024-04-15
Motion (23M80) for leave to proceed as a veteran Denied.
2024-03-27
MOTION (23M80) DISTRIBUTED for Conference of 4/12/2024.
2024-02-21
Motion (23M80) for leave to proceed as a veteran filed.
2024-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Idaho
Kenneth K. JorgensenOff of Attny Gen - State of ID, Respondent
Steven Lundquist
Steven William Lundquist — Petitioner