(DOWNLOAD) "Frank Rendon v. Dave Paskett" by Court of Appeals of Idaho " Book PDF Kindle ePub Free
eBook details
- Title: Frank Rendon v. Dave Paskett
- Author : Court of Appeals of Idaho
- Release Date : January 04, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
PERRY, Judge Frank Rendon, an inmate at an Idaho correctional facility, filed a petition for habeas corpus relief claiming that he was unconstitutionally being denied a kidney transplant. His petition was denied without a hearing after a magistrate found that Rendon had failed to make a prima facie showing that he was entitled to habeas corpus relief. Rendon appealed to the district court, which not only reversed the magistrate's decision but also granted Rendon a writ of habeas corpus. The district court, however, denied Rendon's request for attorney fees on appeal. Rendon filed a motion for reconsideration, which was also denied by the district court. Rendon appeals, seeking review of the district court's order denying attorney fees in the intermediate appeal. We first note that the issue before the district court on appeal was whether a cause of action had been sufficiently stated in Rendon's petition for habeas corpus to warrant an evidentiary hearing. Therefore, because of the summary dismissal by the magistrate, the district court had before it only Rendon's petition and supporting documentation, the state's response and Rendon's reply to the state's request to dismiss the petition. The district court, which did not hear the matter de novo, was bound by I.R.C.P. 83(u) to either affirm the decision of the magistrate or reverse the dismissal order and remand for an evidentiary hearing. In this case, however, the district court ruled on the merits of the petition and granted habeas corpus relief to Rendon without an evidentiary hearing ever having been conducted. Though it appears that the district court granted relief beyond the scope of its authority on appeal to it from the magistrate, the state has not cross-appealed that ruling to this Court.