Ramon L. Smith v. State of Idaho

Ramon Smith (“Smith”) appeals the district court’s dismissal of his petition for a writ of habeas corpus. The district court held that Smith’s claims were procedurally barred because Smith had failed to comply with state procedural rules during his state post-conviction proceedings. The district court also held that Smith had made no showing of cause and prejudice to excuse his procedural default. Smith filed a timely appeal. We conclude that the district court lacked personal jurisdiction over the petition, but that the State of Idaho has waived any jurisdictional defects. On the merits, we conclude that Smith has not shown cause to excuse his procedural default. We therefore affirm the district court.

BACKGROUND

Smith was convicted in October 1997 in Idaho state court of one count of lewd conduct with a minor under sixteen. He was sentenced to a term of 20 years-to-life.

Smith filed a timely appeal of his conviction and sentence with the Idaho Court of Appeals. The Court of Appeals rejected Smith’s claims and affirmed his conviction and sentence on March 22, 1999. Smith’s counsel on appeal did not file a petition for review with the Idaho Supreme Court within the…