Sabin v. State

The district court entered an order pursuant to Idaho Code Section 19-4906(b) giving notice of intent to dismiss Wilbur Sabin's application for post-conviction relief. This order stated the district court's reasons for the proposed dismissal and gave Sabin twenty days within which to reply to the proposed dismissal order, as provided in Section 19-4906(b). When Sabin did not file a responsive pleading within the time allowed, the district court ordered dismissal of the application. Sabin did not then file a motion for reconsideration or a motion for relief from the judgment of the district court. On appeal, Sabin raises a single issue. He contends that the district court erred in its decision to dismiss the application for lack of proper venue.