Today at the Court

The Supreme Court hears argument in three cases today. Two of the cases involve real property transactions and disputes arising from those transactions. The other case is Eby v. State, an appeal after the dismissal of a post-conviction petition for inactivity under IRCP 40(c). After the petition was dismissed, the petitioner filed a pro se pleading seeking reinstatement of the petition and alleging that the neglect and inattention of his appointed counsel, whose lack of action on his case led to the dismissal, justified relief.

The issue on appeal is whether reconsideration under IRCP 60(b) is available following a Rule 40(c) dismissal and whether Mr. Eby qualifies for relief under that Rule.