Sanchez v. Arave

JOHNSON, Justice.

In this appeal, Larry Brad Sanchez challenges the constitutionality of I.C. § 12-122. This statute requires the award of attorney fees in any habeas corpus action brought by a state penitentiary or county jail inmate, if the action was brought frivolously by the petitioner. We dismiss the appeal, because the issue was raised for the first time on appeal to this Court.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Sanchez filed a petition for writ of habeas corpus against Arvon Arave, warden of the Idaho State Correctional Institution, and the Idaho Board of Correction (the Board). The…