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Keserovic v. State

Court of Appeals of Idaho

February 11, 2015

HARIS KESEROVIC, Plaintiff-Respondent,
v.
STATE OF IDAHO, Defendant-Appellant

2015 Opinion No. 5

Page 1025

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael R. McLaughlin, District Judge; Hon. Theresa Gardunia, Magistrate.

Decision of the district court reversing magistrate's grant of summary dismissal, affirmed.

Hon. Lawrence G. Wasden, Attorney General; Shawna Dunn, James K. Dickinson, Special Deputy Attorneys General, Boise, for appellant. Shawna Dunn argued.

Alan Trimming, Ada County Public Defender; Kimberly J. Simmons, Abraham Wingrove, Deputy Public Defenders, Boise, for respondent. John R. Shackelford argued.

GUTIERREZ, Judge. Chief Judge MELANSON and Judge LANSING, CONCUR.

OPINION

Page 1026

GUTIERREZ, Judge

The State appeals from the district court's order reversing the magistrate's grant of the State's motion for summary dismissal of Haris Keserovic's petition for post-conviction

Page 1027

relief. Specifically, the State contends the district court erred by determining that Keserovic raised a genuine issue of material fact as to whether Keserovic was prejudiced by his trial counsel's incorrect advice regarding the immigration consequences of his guilty plea. For the reasons set forth below, we affirm the ...


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