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Schuler v. State

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eBook details

  • Title: Schuler v. State
  • Author : Supreme Court of the United States
  • Release Date : January 05, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 83 KB

Description

The primary question to be addressed in this case is whether a claim that a convicts sentence is illegal can be raised in a proceeding initiated pursuant to §Â§ 7-14-101 to -108, W.S. 1977. There are collateral issues raised which assume jurisdiction in the district court. These need not be addressed. The appellant also presents a - Page 1218 question of ineffective assistance of appellate counsel for failure to present the issue of whether his sentence should be adjusted in accordance with an amendment to the sentencing statutes that became effective following the entry of the judgment and sentence in his case but prior to the disposition of his appeal. That contention was not presented to the district court. We conclude that the claim presented under the guise of a petition for post-conviction relief in the district court could not be addressed as such, and we affirm the order of the district court dismissing the petition for post-conviction relief.


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