Charboneau v. State

Citation144 Idaho 900,174 P.3d 870
Decision Date21 November 2007
Docket NumberNo. 32120.,32120.
PartiesJaimi Dean CHARBONEAU, Petitioner-Appellant, v. STATE of Idaho, Respondent.
CourtUnited States State Supreme Court of Idaho
174 P.3d 870
144 Idaho 900
Jaimi Dean CHARBONEAU, Petitioner-Appellant,
v.
STATE of Idaho, Respondent.
No. 32120.
Supreme Court of Idaho, Boise, September 2007 Term.
November 21, 2007.
Rehearing Denied January 8, 2008.

[174 P.3d 872]

Greg S. Silvey, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

TROUT, Justice Pro tem.


Jaimi Charboneau appeals from the order of the district court summarily dismissing his third petition for post-conviction relief. We affirm the decision of the district court on the basis that the petition was not timely filed.

I.
FACTUAL AND PROCEDURAL BACKGROUND

In 1985, Charboneau was tried for the shooting death of his ex-wife, Marilyn Arbaugh. At trial, Charboneau asserted that his ex-wife's daughter, Tiffnie, had also fired a gun and that she was responsible for the victim's fatal wound. The jury found Charboneau guilty of first degree murder and he was sentenced to death. Charboneau appealed and filed two applications for post-conviction relief. On appeal, this Court affirmed Charboneau's conviction but vacated his sentence and remanded the case for resentencing. See State v. Charboneau, 116 Idaho 129, 774 P.2d 299 (1989) (Charboneau I). On remand, the district court sentenced Charboneau to a fixed life term. This Court affirmed the fixed life sentence on appeal in 1993. See State v. Charboneau, 124 Idaho 497, 861 P.2d 67 (1993) (Charboneau II).

Charboneau, pro se, filed a third application for post-conviction relief in May 2002, alleging that the State had hidden or withheld a .22 pistol which was allegedly used by the victim's daughter to fire the fatal gun shot. Charboneau asserted he had discovered evidence which he claimed was newly acquired, including particularly: (1) taped statements by former Jerome County Sheriff's deputy Mito Alonzo (Alonzo) that additional undisclosed evidence existed including a second gun from the crime scene; and (2) a June 5, 2001, letter from former Jerome Sheriff Larry Gold stating he witnessed a "collaboration of minds intelligent enough to control the events of the times," and that [they] "stretch[ed] or manipulated the facts to arrange for a finding of guilt ... even if the chain of evidence needed a little repairing here and there, behind the scenes." Charboneau also moved for appointment of counsel. The State moved to dismiss the petition on the grounds that it was both untimely and successive, containing only claims that had or should have been previously raised. The district court granted the State's motion for summary dismissal, finding that Charboneau's petition was untimely, that his allegations had all been previously adjudicated, and that the new evidence Charboneau

174 P.3d 873

alleged he had found was neither new nor admissible.

Charboneau appealed the dismissal of his third petition for post-conviction relief. In 2004, this Court vacated the dismissal and remanded the case. See Charboneau v. State, 140 Idaho 789, 102 P.3d 1108 (2004) (Charboneau III). The Court remanded the case to the trial court to determine Charboneau's entitlement to appointment of counsel before considering Charboneau's petition on the merits. Because of the remand for consideration of the appointment of counsel, the Court did not address the timeliness of the petition, but did note that if the taped evidence on which Charboneau based his petition existed, he might have a valid claim under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). On remand, Charboneau was represented by counsel. The district court issued a notice of intent to dismiss, to which Charboneau responded. The district court then summarily dismissed Charboneau's third petition and Charboneau timely appealed.

II.
STANDARD OF REVIEW

An application for post-conviction relief under the Uniform Post Conviction Procedure Act (UPCPA) is civil in nature. Stuart v. State, 136 Idaho 490, 495, 36 P.3d 1278, 1282 (2001). Like a plaintiff in a civil action, the applicant for post-conviction relief must prove by a preponderance of evidence the allegations upon which the application for post-conviction relief is based. Grube v. State, 134 Idaho 24, 995 P.2d 794 (2000). Unlike the complaint in an ordinary civil action, however, an application for post-conviction relief must contain more than "a short and plain statement of the claim" that would suffice for a complaint under I.R.C.P. 8(a)(1). Rather, an application for post-conviction relief must be verified with respect to facts within the personal knowledge of the applicant. I.C. § 19-4903. The application must include affidavits, records, or other evidence supporting its allegations, or must state why such supporting evidence is not included. Id.

Summary disposition of a petition for post-conviction relief is appropriate if the applicant's evidence raises no genuine issue of material fact. I.C. § 19-4906(b), (c). On review of a dismissal of a post-conviction relief application without an evidentiary hearing, this Court will determine whether a genuine issue of fact exists based on the pleadings, depositions and admissions together with any affidavits on file and will liberally construe the facts and reasonable inferences in favor of the non-moving party. Gilpin-Grubb v. State, 138 Idaho 76, 80, 57 P.3d 787, 791 (2002), citing LaBelle v. State, 130 Idaho 115, 118, 937 P.2d 427, 430 (Ct.App.1997). A court is required to accept the petitioner's unrebutted allegations as true, but need not accept the petitioner's conclusions. Ferrier v. State, 135 Idaho 797, 799, 25 P.3d 110, 112 (2001). When the alleged facts, even if true, would not entitle the applicant to relief, the trial court may dismiss the application without holding an evidentiary hearing. Stuart v. State, 118 Idaho 865, 869, 801 P.2d 1216, 1220 (1990), citing Cooper v. State, 96 Idaho 542, 545, 531 P.2d 1187, 1190 (1975). Allegations contained in the application are insufficient for the granting of relief when (1) they are clearly disproved by the record of the original proceedings, or (2) do not justify relief as a matter of law. Id.

A defendant's right to due process is violated where the prosecution fails to disclose exculpatory...

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