Charboneau v. State

TROUT, Justice Pro tem.

Jaimi Charboneau appeals from the order of the district court summarily dismissing his third petition for post-conviction relief. We affirm the decision of the district court on the basis that the petition was not timely filed.

I

FACTUAL AND PROCEDURAL BACKGROUND

In 1985, Charboneau was tried for the shooting death of his ex-wife, Marilyn Arbaugh. At trial, Charboneau asserted that his ex-wife’s daughter, Tiffnie, had also fired a gun and that she was responsible for the victim’s fatal wound. The jury found Charboneau guilty of first degree murder and he was sentenced to…