Neyhart v. Davis

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO SAMUEL CARL NEYHART, Case No. 1:20-cv-00432-CWD Petitioner, MEMORANDUM DECISION AND v. ORDER WARDEN TYRELL DAVIS, Respondent. Pending before the Court is Idaho state prisoner Samuel Carl Neyhart’s Petition for Writ of Habeas Corpus. Neyhart challenges his Idaho state court convictions for lewd conduct with a minor. (Dkt. 1.) The Court previously dismissed Claim 2(a), Claim 3 (with the exception of Claim 3(c)), Claim 4, and Claim 5 as procedurally defaulted without excuse. (Dkt. 34, 39.) Respondent now asks for dismissal of Claim 1 on…