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
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-09-30 (distributed 2 times)
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'?

Question Presented (OCR Extract)

Questions Presented 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? i II. Related Cases 1. Stephen Lundquist v. State of Idaho, Docket No. 49532-2022, Supreme Court of the State of Idaho. Order Denying Petition for Review and Motion to Augment the Record entered November 27, 2023. 2. Stephen Lundquist v. State of Idaho, Docket No. 49532-2022, Court of . Appeals of the State of Idaho. Opinion on Appeal entered August 30, 2023. 3. Stephen Lundquist v. State of Idaho, CV01-19-7369, District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada. Opinion on Appeal entered December 22, 2021. “4 Stephen Lundquist v. State of Idaho, CV01-19-7369, District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada. ; Order Denying Post Conviction Relief entered March }, 2021. ; 5. State v. Lundquist, CR01-19-00061, District Court of the Fourth Judicial , District of the State of Idaho, in and for the County of Ada. Judgment entered March 28, 2019. , 6. State v. Lundquist, CR01-18-30736, District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada. Judgment entered August 15, 2018. ii . III.

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