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Weimer v. State

United States District Court, D. Idaho

January 4, 2018

SHANE C. WEIMER, Petitioner,
v.
STATE OF IDAHO; ADA COUNTY PUBLIC DEFENDERS; ADA COUNTY PROSECUTORS; and BOISE, IDAHO, POLICE DEPARTMENT, Respondents.

          MEMORANDUM DECISION AND ORDER

          B. LYNN WINMILL CHIEF JUDGE

         Pending before the Court is a Petition for Writ of Habeas Corpus filed by Idaho state prisoner Shane C. Weimer (“Petitioner”), challenging Petitioner's Ada County convictions of driving under the influence (“DUI”) and eluding an officer. (Dkt. 3.) Respondent has filed a Motion for Summary Dismissal, arguing that all of Petitioner's claims are procedurally defaulted and are barred by the one-year statute of limitations. (Dkt. 10.) Petitioner has not responded to the Motion, which is now ripe for adjudication .

         The Court takes judicial notice of the records from Petitioner's state court proceedings, which have been lodged by Respondent. (Dkt. 9.) See Fed. R. Evid. 201(b); Dawson v Mahoney, 451 F.3d 550, 551 n.1 (9th Cir. 2006).

         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 oral argument is unnecessary. See D. Idaho L. Civ. R. 7.1(d). Accordingly, the Court enters the following Order granting the Motion and dismissing this case with prejudice.

         BACKGROUND

         In the Fourth Judicial District Court in Ada County, Idaho, Petitioner pleaded guilty to misdemeanor DUI and felony eluding an officer. (State's Lodging A-1 at 68.) In exchange for Petitioner's guilty plea, the state dismissed other charges. (Id. at 41-43, 68-80.) The trial court imposed a unified sentence of five years in prison with two years fixed on the felony eluding charge, suspended the sentence, and placed Petitioner on probation for five years.[1] (Id. at 88-93.) Petitioner did not file a direct appeal from the judgment.

         A few weeks after the judgment was entered, Petitioner was charged with multiple probation violations. (Id. at 103-112.) He admitted one of the violations and was reinstated to probation. (Id. at 139-42.) Petitioner did not appeal the violation proceeding.

         Less than four months after his probation was reinstated, Petitioner was charged with two more probation violations. (Id. at 145-61, 167-68.) Petitioner admitted to one of the violations, and the trial court again reinstated probation. (State's Lodging A-1 at 195-99.) Petitioner did not appeal this second probation violation proceeding.

         Petitioner then filed a motion for reduction of sentence under Idaho Criminal Rule 35. (Id. at 202-05.) The motion was denied, and Petitioner did not appeal. (Id. at 224-26.)

         Petitioner was again charged with violating his probation. This time, the trial court revoked Petitioner's probation, but placed Petitioner on a rider and retained jurisdiction. (Id. at 245-50, 271-72.) Petitioner filed a notice of appeal. (Id. at 277-79.) The trial court eventually relinquished jurisdiction and ordered execution of the underlying sentence, and Petitioner filed a second notice of appeal. (State's Lodging A-5 at 117-22.)

         Petitioner's appeal was initially stayed because Petitioner had filed, in the trial court, a motion to withdraw his guilty plea. However, upon agreement of the parties, the trial court later stayed its proceedings pending completion of the appeal, and the appeal proceeded. (Id. at 240-42; State's Lodging B-2, B-5, B-9.)

         The only claim Petitioner raised on appeal was that the trial court abused its discretion, under Idaho law, by relinquishing jurisdiction and ordering execution of the underlying sentence. (State's Lodging B-10.) The Idaho Court of Appeals affirmed, and the Idaho Supreme Court denied review. (State's Lodging B-13, B-15.)

         Back in the trial court, Petitioner eventually moved to dismiss all of his pending motions, for “personal reasons.” (State's Lodging A-5 at 448.) The trial court granted the motions. (Id. at 445.) Petitioner did not appeal.

         Petitioner then filed a state petition for post-conviction relief, which included a supplemental petition and numerous other documents. (State's Lodging C-1 at 1-36.) Petitioner later sought voluntary dismissal of the petition, and ...


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