Abbott V. State

This action was initiated with the filing of a petition for a writ of habeas corpus. Based upon the nature of the allegations in the petition and the relief sought, the magistrate determined that the petition should be treated as one for post-conviction relief under the Uniform Post-Conviction Procedure Act (UPCPA), I.C. §§ 19-4901 through 19-4911. The magistrate summarily dismissed the petition. On review of the magistrate's decision, following an interim appeal to the district court, we affirm the order of dismissal on the basis that the petition was not filed in the correct venue.