Gregory Louis Kelly, Petitioner-Appellant v. State of Idaho, Respondent

Summary

The Idaho Supreme Court affirmed the summary dismissal of Kelly's post-conviction petition. It held that Kelly waived any challenge to the sufficiency of the notice in the State's summary-dismissal motion by failing to raise that issue below, and that the district court provided adequate notice because it relied at least in part on grounds presented by the State. The court also declined to consider an unpleaded prosecutorial-misconduct claim based on alleged withholding of exculpatory evidence.