Dicta: "Estrada did not announce a new rule of law entitled to retroactive effect."

The case in which we anticipated a ruling on whether Estrada v. State should be given retroactive effect was issued on Friday. The Court, however, affirmed the dismissal on an alternative ground, i.e., that the petition was untimely.

Here's the interesting part: "Finally . . . we note, admittedly by way of dicta, that we agree with the district court's conclusion that Estrada did not announce a new rule of law" as the holding in Estrada was compelled by prior decisions.

Vavold v. State,
http://www.isc.idaho.gov/opinions/Vavold%20v%20%20State%20-%20FINAL.pdf

On a related note, Kris Estrada was resentenced on Friday. His fixed time was reduced from 25 years to 15, but he received a consecutive four year term for a battery on a police officer charge he picked up in the Twin Falls County Jail while awaiting resentencing.