Hollis v. State

Summary

The Idaho Supreme Court vacated the summary dismissal of Hollis’s post-conviction petition because the district court denied counsel’s motions to withdraw and continue without addressing counsel’s asserted ethical inability to represent Hollis. The court held that counsel could seek withdrawal rather than substitution and that the notice defect did not eliminate the district court’s duty to address the alleged conflict before proceeding. The court also ordered assignment of a new district judge on remand because the record created an appearance of bias.