United States District Court, D. Idaho
SHANE C. WEIMER, Petitioner,
STATE OF IDAHO; ADA COUNTY PUBLIC DEFENDERS; ADA COUNTY PROSECUTORS; and BOISE, IDAHO, POLICE DEPARTMENT, Respondents.
MEMORANDUM DECISION AND ORDER
LYNN WINMILL CHIEF JUDGE
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 .
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
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
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. (Id. at 88-93.) Petitioner did
not file a direct appeal from the judgment.
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.
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.
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
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.)
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.)
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.)
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.
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 ...