Phillip Lewis Lindquist v. Darrol Gardner, Warden, Idaho State Correctional Institution

EUGENE A. WRIGHT, Circuit Judge.

On appeal from dismissal of appellant’s petition for writ of habeas corpus, the issue is whether he exhausted his state judicial remedies by presenting his claim to the Idaho Supreme Court in an original habeas proceeding. We conclude that the district court was correct in determining that he failed to exhaust.

FACTS

In 1976, a jury convicted pro se appellant Phillip Lindquist of first degree murder in Idaho state court. The trial court sentenced him to death under Idaho’s mandatory death penalty statute, Idaho Code § 18-4004. On appeal, the Idaho Supreme Court…