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Demar v. Blades

Court of Appeals of Idaho

November 20, 2013

JASON DEMAR, Petitioner-Appellant,
v.
WARDEN RANDY BLADES, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 760

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Daniel C. Hurlbutt, District Judge.

Judgment dismissing petition for writ of habeas corpus, affirmed.

Jason Demar, Boise, pro se appellant.

Warden Randy Blades, respondent, did not appear.

MELANSON, Judge.

Jason Demar appeals from the district court's judgment dismissing his petition for writ of habeas corpus. For the reasons set forth below, we affirm.

I. FACTS AND PROCEDURE

On June 25, 2013, Demar filed a petition for writ of habeas corpus contending his tentative parole date was revoked without him being accorded due process. Demar also argued his conditions of confinement constituted cruel and unusual punishment. The district court requested proof of exhaustion of administrative remedies. Demar provided such proof only as to the claim regarding revocation of his parole date. The district court dismissed the petition on the basis that Demar failed to exhaust his administrative remedies with respect to the conditions of confinement claim and on the basis that his due process argument failed to state a claim of a constitutional violation for which relief could be granted. Demar appeals.

II. STANDARD OF REVIEW

The writ of habeas corpus is a constitutionally mandated mechanism to effect the discharge of an individual from unlawful confinement. See Idaho Const. art. I, § 5; I.C. §§ 19-4201 to 19-4226; Mahaffey v. State, 87 Idaho 228, 231, 392 P.2d 279, 280 (1964); Gawron v. Roberts, 113 Idaho 330, 333, 743 P.2d 983, 986 (Ct. App. 1987). The essence of habeas corpus is an attack upon the legality of a person's detention for the purpose of securing release where custody is illegal and is an avenue by which relief can be sought where detention of an individual is in violation of a fundamental right. In re Robison, 107 Idaho 1055, 1057, 695 P.2d 440, 442 (Ct. App. 1985). An in-state prisoner may file a petition for writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning conditions of confinement, the revocation of parole, miscalculation of a sentence, loss of good time credits, or detainers lodged against the prisoner. I.C. §§ 19-4203(2)(a)-(e). Habeas corpus should not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceeding under Idaho Criminal Rule 35 or the Uniform Post-Conviction Procedures Act. I.C. § 19-4203(4).

The decision to issue a writ of habeas corpus is a matter within the discretion of the court. Johnson v. State, 85 Idaho 123, 127, 376 P.2d 704, 706 (1962); Brennan v. State, 122 Idaho 911, 914, 841 P.2d 441, 444 (Ct. App. 1992). When we review an exercise of discretion in a habeas corpus proceeding, we conduct a three-tiered inquiry to determine whether the lower court rightly perceived the issue as one of discretion, acted within the boundaries of such discretion, and reached its decision by an exercise of reason. Brennan, 122 Idaho at 914, 841 P.2d at 444; Sivak v. Ada Cnty., 115 Idaho 762, 763, 769 P.2d 1134, 1135 (Ct. App. 1989). If a petitioner is not entitled to relief on a petition for writ of habeas corpus, the decision by the petitioned court to dismiss the petition without an evidentiary hearing will be upheld. Brennan, 122 Idaho at 917, 841 P.2d at 447. When a ...


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