(DOWNLOAD) "Jack Harold Kraft v. State Idaho" by Supreme Court of Idaho No. 12304 ~ Book PDF Kindle ePub Free
eBook details
- Title: Jack Harold Kraft v. State Idaho
- Author : Supreme Court of Idaho No. 12304
- Release Date : January 13, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Jack Harold Kraft has appealed from a denial of his application for post-conviction relief. Following a jury trial, Kraft was convicted of the crime of rape, from which judgment he appealed to this court. State v. Kraft, 96 Idaho 901, 539 P.2d 254 (1975). In that appeal his judgment of conviction was affirmed, following which he filed a pro se application for post-conviction relief setting forth six assignments of error. Several of these issues were specifically dealt with by this court on his appeal from judgment of conviction.[Footnote 1] Kraft, by counsel, later filed an unverified Addendum Memorandum for Post Conviction Relief setting forth as an additional ground for relief a claim of incompetency of his two trial counsel. This issue had been considered by this court on the appeal.[Footnote 2] An answer to Kraft's pro se petition for post-conviction relief was filed, wherein each specific assignment of error was replied to and which prayed that the petition be dismissed. However, the trial court granted a hearing at which Kraft was the only witness. His testimony at the hearing was primarily directed towards the incompetency of his first and second counsel, only the latter of which participated in the trial of the rape charge. In this testimony Kraft explained his version of what took place between himself and his respective counsel. At the Conclusion of Kraft's testimony the court advised that it was not going to grant the State's motion to dismiss and that it was bound by this court's resolution of the competency issue, but that if it was not, Kraft had failed to carry his burden of proof. The court also took under advisement an issue concerning the propriety of the sentence imposed.
 "Jack Harold Kraft v. State Idaho" by Supreme Court of Idaho No. 12304 ~ Book PDF Kindle ePub Free){kind=link}