03/01/95 Cary K. Dunlap V. State Idaho

Cary K. Dunlap appeals from the summary dismissal of his application for post- conviction relief. He contends that genuine issues of material fact precluded the granting of such a dismissal and that an evidentiary hearing is required to enable the district court to resolve these factual issues. With respect to one of Dunlap's claims, we agree that summary dismissal was improper. We therefore vacate the dismissal order in part and remand the case for further proceedings.