Charles Roberts v. Arvon J. Arave, Jim T. Jones

Charles Harmon Roberts, an Idaho prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus. Roberts claims that (1) his failure to petition the Idaho Supreme Court for discretionary review of the denial of state post-conviction relief did not constitute a failure to exhaust state remedies; (2) there was sufficient cause to overcome any state procedural default; (3) his sentence under Idaho Code § 18-6607 was unconstitutionally disproportionate; (4) the failure of state prison authorities to provide him with psychiatric care sufficient to meet parole requirements was cruel and unusual punishment; and (5) he was prejudiced at trial by the state’s joinder of counts involving separate victims. We affirm because we agree that Roberts failed to exhaust his state remedies, and that he has not shown cause to overcome his default. Our ruling makes it unnecessary for us to reach the merits of Roberts’ constitutional claims.

Roberts contends that the district court incorrectly denied his petition for failure to exhaust available state remedies. Roberts concedes that he did not seek discretionary review by the Idaho Supreme Court after the state trial court…