Roberts

*717 MEMORANDUM *

BACKGROUND

Douglas Roberts was convicted in Idaho state court of one count of lewd conduct with a minor, in violation of Idaho Code § 18-1508 , and one count of sexual abuse of a child, in violation of Idaho Code § 18-1506 . 1 He petitions for a writ of habeas corpus claiming that the trial court erred by placing a condition on the introduction of his alibi defense, with which he intended to impeach the testimony of three other girls he allegedly molested. The trial court ruled that Roberts could testify that he was not in the state of Idaho at the time the molestations allegedly occurred, but that if he did so, the state could present evidence that Roberts was incarcerated in Nevada at the time in question. Roberts elected not to present the alibi defense. Roberts was convicted. His conviction was upheld on direct review, see Idaho v. Roberts, 129 Idaho 325 , 924 P.2d 226 (Idaho Ct.App.1995), aff'd, 129 Idaho 194 , 923 P.2d 439 (Idaho 1996), and his petition for post-conviction relief was denied, see Roberts v. Idaho, 132 Idaho 494 , 975 P.2d 782 (Idaho 1999).

While his state petition for post-conviction relief was pending, Roberts filed a petition for a writ…