Justia Idaho Supreme Court Opinion Summaries

What began as a disagreement between neighbors, ended with defendant-appellant Nathan Herren being charged with misdemeanor malicious injury to property - a charge to which he pled guilty. The magistrate court entered a withheld judgment and a no contact order in July 2008, which stated "[i]t is hereby ordered that [Herren] shall not contact (including: in person or through another person, or in writing or e-mail, or by telephone, pager, or facsimile) or attempt to contact, harass, follow, communicate with, or knowingly remain within 100 feet of: Kip McDermott.” In January 2009, despite knowing that McDermott would likely be present, Herren attended a homeowner’s association meeting at a local elementary school. Herren arrived prior to McDermott and sat in the middle of the room. Once McDermott arrived, Herren moved from his seat in the middle of the room to the back of the room, but did not leave the meeting. McDermott contacted law enforcement because of Herren’s continued presence at the meeting. Herren was arrested and charged with the crime of violation of a no contact order. The arresting officer testified that the room was seventy-five feet long. Herren testified that he decided to stay at the meeting because he believed the room was more than 100 feet long. However, Herren admitted that he returned to the library at a later date, measured the room, and found the room was eighty-one feet long on the diagonal. The magistrate court found Herren guilty of violating the no contact order because he knowingly remained within 100 feet of McDermott. The State filed a motion alleging that Herren had violated the terms of probation in the malicious injury to property case. Herren admitted to violating his probation. As a consequence, the magistrate court revoked Herren’s withheld judgment and entered a judgment of conviction for misdemeanor malicious injury to property. Herren appealed both his judgment of conviction for violating the no contact order and the revocation of his withheld judgment for the malicious injury to property charge. The district court rejected Herren’s argument and determined that there was substantial evidence to support the magistrate court’s determination that Herren was guilty of violating the terms of the no contact order by willfully remaining within 100 feet of McDermott. The district court affirmed Herren’s judgment of conviction and the finding that he had violated the terms of his probation. Herren appealed and the Court of Appeals, in a split decision, reversed. The State appealed, and after its review, the Supreme Court affirmed in part, and reversed in part. The Supreme Court found there was not substantial and competent evidence to support a conviction under the no-contact order. However, substantial and competent evidence was in the record to support the revocation of Herren's probation. View "Idaho v. Herren" on Justia Law

The State charged Kyle Richardson with three counts of delivery of a controlled substance. After a preliminary hearing in which a confidential informant testified for the State, the State filed a motion requesting that the district court allow the State to admit into evidence at trial a transcript of the confidential informant’s preliminary hearing testimony. The State sought admission of the confidential informant’s testimony because the confidential informant had died and thus was unavailable as a witness for trial. The district court issued an opinion and order denying the State’s motion. The State filed a motion for a permissive appeal of the district court’s order. Upon review, the Supreme Court concluded that Richardson's rights under the Confrontation Clause were not violated by the admission of the informant's preliminary hearing testimony. Furthermore, the Court concluded that Idaho law governing the admission of preliminary hearing transcripts permitted the admission of the testimony at trial. Accordingly, the Court reversed the district court and remanded the case for further proceedings. View "Idaho v. Richardson" on Justia Law

Defendant-appellant Joshua Jones appealed his conviction for grand theft by extortion. Defendant argued the district court erred when it denied his mid-trial request to question a juror after the juror informed the court that he was suffering from anxiety and was unsure if he could continue participating on the jury. Defendant also argued that the district court made errors in evidentiary rulings and that the prosecutor engaged in various forms of misconduct during closing argument. The Court of Appeals vacated the judgment of conviction, and remanded the case for a new trial. The State appealed the appellate court's judgment. It is reasonable to assume that after the trial resumed, the court, defense counsel, and bailiff may have continued to observe Juror 69 for any outward signs of anxiety. Because no further concerns were raised by anyone, including Juror 69, this Court is not in a position to second guess the district court’s handling of the matter. For these reasons, we conclude that the district court did not abuse its discretion in dealing with the matter. The Court affirmed the district court in all other respects. View "Idaho v. Moses" on Justia Law

Bob Boren appealed his conviction entered upon his conditional guilty plea to unlawful possession of a firearm. Boren claimed that the district court erred in denying his motion to dismiss the charge. Finding no reversible error, the Supreme Court affirmed. View "Idaho v. Boren" on Justia Law

Two cases were consolidated on appeal. In the first case, Defendant was convicted of felony attempting to elude a peace officer, and misdemeanors malicious injury to property and assault. In the second case, Defendant was convicted of felony grand theft. For each felony, he was sentenced to eighteen years in prison, with eight years fixed and ten years indeterminate, and the sentences were ordered to be served consecutively. Defendant raised five alleged errors in connection with his eluding case, and two alleged errors in the grand theft case. Taking each in turn, but finding no reversible error, the Supreme Court affirmed Defendant's convictions. View "Idaho v. Skunkcap" on Justia Law

The State charged defendant-appellant Russell Parker with one count of lewd and lascivious conduct with a minor under sixteen. Defendant went to trial and the jury found him guilty. On appeal to the Supreme Court, defendant argued that the district court erred in admitting statements made by law enforcement during an interview with him. Further, he argued that the State engaged in five instances of prosecutorial misconduct, each satisfying the fundamental error standard, and these in the aggregate resulted in cumulative error. Due to these errors, defendant asked that the Court vacate his conviction and remand his case for a new trial. Finding no reversible error, the Supreme Court affirmed defendant's conviction. View "Idaho v. Parker" on Justia Law

Defendant-appellant Krystal Easley appealed the revocation of her probation and the Supreme Court's partial denial of her request to augment the record with various transcripts to be created at the public's expense. This case also presented the issue of the prosecutor's refusal to consent to the district judge's desire to sentence Easley to mental health court and the district court's acquiescence in that refusal. Defendant has been charged by information with possession of a controlled substance. She admitted to violating the terms of her probation for failing to stay in contact with her probation officer, moving without permission and failing to pay for the costs of her supervision. Defendant had been in contact with a mental health court coordinator. Defendant asserted that she was a good candidate for mental health court. The prosecutor did not agree with the recommendation. The district court ruled it did not have the authority to place defendant into the mental health program because the prosecutor had an "absolute veto" over post-judgment eligibility for mental health court. Upon review, the Supreme Court concluded: (1) it did not violate defendant's right to due process and equal protection when it denied in part her motion to augment; (2) the district court erred in sentencing when it determined that the prosecutor had an absolute right to veto the district court's desired decision to sentence defendant to the mental health court; and (3) the district court erred when it failed to consider the mental health court as an alternative in sentencing when it revoked defendant's probation. The case was remanded for further proceedings. View "Idaho v. Easley" on Justia Law

Defendant-respondent Carey Baker married Robyn Shea in 2005; divorced in 2009. Shortly thereafter, Shea sought and obtained a civil protection order against Baker. Shea received a series of phone messages from Baker in violation of the protection order. Eleven of those phone messages were received by Shea while she was located in Kootenai County, and one of the messages was received by Shea while she was located in Ada County. The Boise City Attorney, acting on behalf of the City of Meridian, filed a misdemeanor complaint against Baker for one count of violating the protection order for the phone message Shea received while in Ada County. The Coeur d'Alene City Attorney in Kootenai County filed charges against Baker for twelve counts of violating the protection order for all of the phone messages that Shea received from Baker. Kootenai County also issued an arrest warrant on the same day. On February 27, 2010, Baker entered into a plea agreement with the Boise City prosecutor, agreeing to plead guilty to the single count filed in Ada County in exchange for the promise that "the State" would pursue no other charges against him for violation of the protection order for calls Baker placed to Shea prior to February 17, 2010. At sentencing, the magistrate judge considered all twelve phone messages that Shea received from Baker. This included the messages that were the basis of the charges in Kootenai County. The Boise City Attorney was aware of the phone calls to Kootenai County but unaware charges had been filed. Likewise, the Coeur d'Alene City Attorney was not aware of the proceeding in Ada County. On April 2, 2010, Baker was arrested on the warrant issued in Kootenai County. On October 8, 2010, Baker filed a motion to dismiss the charges in Kootenai County claiming double jeopardy and violation of the plea agreement. On November 5, 2010, the magistrate judge dismissed one count of the charges in Kootenai County because that charge was for the August 24, 2009, phone message to which Baker pled guilty in Ada County. The magistrate judge denied Baker's motion to dismiss the remaining eleven counts. A jury ultimately found Baker guilty on all eleven counts of violating the protection order. Baker appealed to the district court in its capacity as an intermediate appellate court, asserting that the Coeur d'Alene City Attorney was bound by the plea agreement between him and the Boise City prosecutor. The district court vacated the convictions in Kootenai County on the basis that the Coeur d'Alene City Attorney was bound by the terms of Baker's plea agreement. The district court ruled that the plea agreement must be construed in favor of Baker and that specific performance of the plea agreement was the appropriate remedy. The State appealed. Finding no reversible error, the Supreme Court affirmed the district court's decision vacating the eleven Kootenai County charges. View "Idaho v. Baker" on Justia Law

Jeffrey Murray appealed the district court's order dismissing his petition for post-conviction relief after he pled guilty to felony domestic violence and was sentenced to three years fixed followed by seven years indeterminate. Murray's petition for post-conviction relief argued, among other things, that he received ineffective assistance of trial counsel. Upon review, the Supreme Court affirmed the district court's dismissal of Murray's petition for post-conviction relief: "although Murray has provided argument that his counsel was deficient in failing to inform him of his ability to obtain a confidential domestic violence evaluation prior to pleading guilty, he has not provided a single authority or legal proposition to support his argument. Murray merely states, without support, that his counsel’s failure to advise him of his ability to undergo a confidential evaluation 'represented deficient performance.'" View "Murray v. Idaho" on Justia Law

Robert Hansen pled guilty to the charges of aggravated driving under the influence and leaving the scene of an injury accident. At the sentencing hearing the district court allowed the victim's father to give an informal statement over Hansen's objection that the father was not a victim entitled to make a victim impact statement. The district court sentenced Hansen to a total of 15 years imprisonment for the two convictions. Hansen appealed. The Court of Appeals determined that it was error for the district court to allow the father’s statement, because the father was not a victim. However, the Court of Appeals held that any error was harmless. Hansen also appealed his sentences on both the aggravated driving under the influence charge and the leaving the scene of an injury accident charge, maintaining that the district court's departure from the plea agreement on one charge opened up both for review. The State petitioned this Court for review of whether the district court erroneously admitted the father’s statement. Upon review, the Supreme Court concluded the district court did nor err by admitting the victim's father's statement at the sentencing hearing, and it affirmed with regard to Hansen's sentence. View "Idaho v. Hansen" on Justia Law