State of Idaho, Plaintiff-Respondent v. Timothy Alan Dunlap, Defendant-Appellant; Timothy Alan Dunlap…

Summary

The court held that mandatory review of a capital sentence requires consideration of every error the defendant raises on appeal, whether preserved or not, but unpreserved errors remain subject to the defendant’s burden to show nonharmless fundamental error. The court affirmed the death sentence, finding most asserted sentencing errors absent or harmless, and affirmed summary dismissal of several post-conviction claims while determining that at least some claims required further proceedings. No separate opinions were provided.