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Glass v. Wengler

United States District Court, D. Idaho

October 7, 2014

JIMMY THOMAS GLASS, Petitioner,
v.
WARDEN TIM WENGLER, Respondent.

MEMORANDUM DECISION AND ORDER

EDWARD J. LODGE, District Judge.

Pending before the Court is Petitioner Jimmy Thomas Glass's Petition for Writ of Habeas Corpus (Dkt. 1). The Court previously dismissed Claims One, Two, and Four of the Petition as procedurally defaulted. (Dkt. 12.) Therefore, the only claim remaining in this action is Claim Three.

Respondent has filed an Answer and Brief in Support of Dismissal with respect to Claim Three. (Dkt. 13). Petitioner has filed a reply (entitled "Objection To Dismissal of Petition for Writ of Habeas Corpus"), and Respondent has filed a Sur-reply. (Dkt. 15, 16). The Court takes judicial notice of the records from Petitioner's state court proceedings, lodged by Respondent on March 14, 2013, and April 2, 2014. ( See Dkt. 7, 14.)

Having carefully reviewed the record, including the state court record, the Court finds that the parties have adequately presented the facts and legal arguments in the briefs and record and that the decisional process would not be significantly aided by oral argument. Therefore, the Court will decide this matter on the written motions, briefs and record without oral argument. D. Idaho L. Civ. R. 7.1(d). Accordingly, the Court enters the following Order denying Claim Three and dismissing this case with prejudice.

BACKGROUND

The facts underlying Petitioner's conviction are set forth clearly and accurately in State v. Glass , 190 P.3d 896 (Idaho Ct. App. 2008), which is contained in the record at State's Lodging B-4:

During the week of July 15, 2004, detectives from the Ada County Sheriff's Office conducted an Internet sting operation to locate individuals enticing children into sexual activity over the Internet. Two officers posing as children under the age of sixteen were online at the same time for approximately eight hours a day. One day, Detective Kenneth Smith logged into a Yahoo... chat room labeled "romance" and posed as a fifteen-year-old girl with the screen name "lisa200215ncal." The user profile for that screen name identified "Lisa" as a high school sophomore from California who was currently in Boise visiting her father.
After Detective Smith logged into the chat room, other individuals already signed into the same chat room were able to see Detective Smith's screen name and profile and were able to send private "instant messages" directly to him. Subsequently, he was privately contacted by a person using the screen name "letsgetkinky831." During an ensuing conversation, "lisa200215ncal" indicated that she was a fifteen-year-old female to which "letsgetkinky831" replied, "That's cool." He then asked her to look at the picture on his profile, that of a man from the waist down, naked and masturbating, and to tell him if it was "ok." The following conversation then took place:
Lisa200215ncal: yea looks ok
Letsgetkinky831::D [laughter]
Letsgetkinky831: maybe you'd let me undress in front of you?
Lisa200215ncal: maybe
Letsgetkinky831: well what do you have in mind then?
Lisa200215ncal: I don't know didn't really have a plan
Letsgetkinky831: well then let me start by coming over and taking my clothes off
Letsgetkinky831: play with it in front of you, get it hard
Letsgetkinky831: see what comes up?
Lisa200215ncal: yea might be able to do that
Letsgetkinky831: cool
Letsgetkinky831: when?
Letsgetkinky831: Lisa?
Letsgetkinky831: what's wrong now?
Lisa200215ncal: think
Letsgetkinky831: ok
Lisa200215ncal: so ur serious
Letsgetkinky831: i'm dead serious
Letsgetkinky831: i'll undress, if you don't like, I'll leave, k
Lisa200215ncal: well how far do u want to go
Letsgetkinky831: only as far as you want to go
Lisa200215ncal: so if I said no sex u would be ...

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