Justia Idaho Supreme Court Opinion Summaries

Matthew Abramowski was charged with, and ultimately pled guilty to, first degree arson when he was 15 years old. He was charged as an adult, but received a blended sentence which gave the Department of Juvenile Corrections jurisdiction over Abramowski while he was a juvenile. The district court withheld judgment and eventually dismissed the case. After the dismissal, Abramowski filed a motion to seal the case pursuant to Rule 32(i) of the Idaho Court Administrative Rules. At the motion hearing, the district court realized that Abramowski was not just asking that his record be sealed, but that all traces of the case on the court’s repository be erased from public view. The district court entered an order sealing Abramowski’s record up through the age of twenty-one but instructed Abramowski to file a motion to expunge the record to give the State an opportunity to respond to his request. Abramowski filed a motion to expunge and was given a hearing, but the district court denied his request for expungement, determining that the public interest in knowing of Abramowski’s serious charge predominated over his privacy interests. Abramowski then filed a motion to reconsider and presented witnesses at the reconsideration hearing, but the district court again determined the public interest predominated over his privacy interests. Abramowski appealed, arguing that the district court abused its discretion. Finding the district court did not abuse its discretion, the Idaho Supreme Court affirmed the judgment. View "Idaho v. Abramowski" on Justia Law

Gregg Miller appealed after he was convicted for injury to a child and felony eluding. As to the injury to a child conviction, Miller argued the jury instruction, combined with the prosecutor’s closing argument, created a fatal variance with the information. Miller also argued the prosecutor committed prosecutorial misconduct during closing arguments by appealing to the emotions, passions, and prejudices of the jury, and by misstating the evidence. The Court of Appeals affirmed, and Miller timely filed a petition for review to the Idaho Supreme Court. After careful consideration of his arguments, the Supreme Court affirmed the district court’s judgment of conviction, clarifying the fundamental error doctrine articulated in Idaho v. Perry, 245 P.3d 961 (2010). View "Idaho v. Miller" on Justia Law

The Idaho Supreme Court considered a permissive appeal that presented a case of first impression regarding whether the tort of defamation by implication existed in Idaho. Respondent James Verity was a school teacher in Oregon who lost his teaching license after engaging in an inappropriate relationship with an eighteen-year-old female student, whom he coached at the local high school. He eventually obtained a teaching license in Idaho, and began teaching shortly thereafter. When he was forced to resign his teaching job in Idaho after USA TODAY, KTVB, KGW, Tami Tremblay, and Stephen Reilly published articles and broadcast news reports describing Verity’s misdeeds, he and his wife Sarahna Verity filed a lawsuit alleging defamation by implication. The district court denied the media’s motion for summary judgment and ruled that despite the actual truth of the statements, reasonable minds could find that the media impliedly defamed the Veritys. The media appealed that decision as a permissive appeal under Idaho Appellate Rule 12. The Supreme Court affirmed the district court’s conclusion that Verity was not a public official or a public figure, and affirmed the district court’s conclusion that a reasonable jury could find that KGW impliedly defamed Verity about his having a sexual relationship with a minor. The Court reversed the district court on all of Verity’s remaining claims and remanded for further proceedings. View "Verity v. USA Today, et al" on Justia Law

Phillip Smalley was convicted by jury on two counts of sexual abuse of a vulnerable adult and one count of sexual penetration by a foreign object. On appeal, Smalley argued: (1) there was insufficient evidence to sustain his convictions for sexual abuse of a vulnerable adult because to qualify as a “vulnerable adult,” the victim must have mental deficits, not just physical infirmity; and (2) the trial court erred in admitting the victim’s preliminary hearing video deposition instead of live in-court testimony, because she was not “unavailable” as required by the Idaho Rules of Evidence. The Court of Appeals upheld Smalley’s convictions. Finding no reversible error, the Idaho Supreme Court affirmed. View "Idaho v. Smalley" on Justia Law

In 2009, a jury convicted Vance Thumm of aggravated battery or aiding and abetting aggravated battery and of being a persistent violator of the law. In 2013, through counsel, Thumm petitioned for post-conviction relief to which the State responded by filing a motion for summary disposition. The district court eventually granted the State’s motion and dismissed the post-conviction petition. Thumm appealed alleging: (1) ineffective assistance of counsel at trial, sentencing, and on appeal; (2) a Brady violation; (3) prosecutorial misconduct; and (4) cumulative error. The Idaho Supreme Court found no reversible error, and affirmed the district court’s grant of summary disposition. View "Thumm v. Idaho" on Justia Law

This case centered on whether the State presented substantial evidence to the district court to support an award of restitution for costs actually incurred by the State in prosecuting Jeremy Cunningham for drug charges. In the first appeal, the Idaho Supreme Court vacated the district court’s award of restitution and remanded the case. After conducting a second restitution hearing and hearing live testimony from an administrative assistant with the Ada County prosecuting attorney’s office, the district court awarded restitution to the State in the amount of $906.75 (over $1000 less than awarded at the first hearing). Cunningham appealed again, arguing that the district court erred in awarding restitution. On appeal, Cunningham contended the district court improperly admitted hearsay evidence at the hearing and that the district court abused its discretion by awarding restitution without substantial evidence of the prosecution’s costs. The Supreme Court agreed with this latter point, and vacated the district court’s award of restitution. The Court did not remand: "[t]he State had two opportunities to claim restitution, and remanding for a third opportunity would be improper." View "Idaho v. Cunningham" on Justia Law

Zuatney Gonzalez pleaded guilty to two criminal counts of possession of a financial transaction card in Bannock County, Idaho, and thereafter requested credit for time served while she was jailed in Canyon County on similar, but unrelated charges. At issue in this appeal was a question of the proper amount of credit for time served to which Gonzalez was entitled. The Idaho Supreme Court focused its decision on whether Gonzalez’s position was properly raised and ruled upon by the district court. Because the Supreme Court held that it was not, Gonzalez’s appeal failed. However, the Court recognized some confusion arose over how it addresses a new legal argument made on appeal in light of Idaho v. Garcia-Rodriguez, 396 P.3d 700 (2017), and Ada County Highway District v. Brooke View, Inc., 395 P.3d 357 (2017). In this opinion, the Court took the opportunity to clarify the rule announced in those cases and explain why it reached two very different decisions in each case. View "Idaho v. Gonzalez" on Justia Law

Mark Garnett was an overnight guest in the residence of an absconded felony probationer, Tamara Brunko. Probation officers searched the residence, including an attached storage room, and found Garnett’s locked backpack containing a stolen firearm. Garnett, a felon himself, was arrested and charged with unlawful possession of a firearm. He sought to suppress the evidence found in the backpack, but the district court denied his motion because it determined that while he had standing to challenge the search of the backpack, the officer had reasonable suspicion that Brunko owned, possessed, or controlled the backpack. Following a jury trial, Garnett was found guilty. Garnett appealed his conviction, arguing that the district court should have applied a reasonable belief standard and that had it done so the motion to suppress would have been granted. Finding no reversible error in the district court's judgment, the Idaho Supreme Court affirmed the judgment of conviction. View "Idaho v. Garnett" on Justia Law

Augustine Garnica Perez Jr. appealed after he was convicted for felony DUI. He challenged the district court’s decision to deny his motion to suppress evidence gathered as a result of an investigatory stop. Specifically, he felt information provided by a citizen during a call to dispatch was insufficient to create the reasonable, articulable suspicion necessary to justify the stop. Finding no reversible error in the district court's judgment, the Idaho Supreme Court affirmed the conviction. View "Idaho v. Perez, Jr." on Justia Law

On November 20, 2018, the Acting Governor of Idaho issued a proclamation that Proposition 2 had passed, and subsequently the Idaho Code was amended to add section 56-267, a statute to expand Medicaid eligibility in Idaho. Petitioner Brent Regan argued 56-267 violated Idaho’s Constitution by delegating future lawmaking authority regarding Medicaid expansion to the federal government. Regan requested the Idaho Supreme Court declare section 56-267 unconstitutional and issue a writ of mandamus to direct the Secretary of State Lawerence Denney to remove section 56-267 from the Idaho Code. Finding the statute constitutional, the Supreme Court dismissed Regan’s petition and denied his request for a writ of mandamus. View "Regan v. Denney" on Justia Law