Articles Posted in Idaho Supreme Court - Criminal

Jeffrey Alwin appealed his conviction after a jury found Alwin guilty of felony eluding a peace officer. Alwin moved for a new trial, challenging the district court’s admission of a booking photograph at trial. Alwin argued the booking photograph was evidence of prior criminal conduct in violation of Idaho Rule of Evidence (“I.R.E.”) 404(b). The district court denied his motion. Alwin timely appealed and contended the district court abused its discretion in denying his motion for a new trial because the district court erroneously admitted I.R.E. 404(b) evidence over his objection when it admitted the booking photograph at trial. Alwin also argued the State committed prosecutorial misconduct during closing arguments. The Court of Appeals reversed, and the State filed a timely Petition for Review. The Idaho Supreme Court concluded the trial court did not err in admitting the photograph, did not abuse its discretion in denying a new trial, and found the error committed by the prosecution did not rise to the level of fundamental error. Therefore, the Court affirmed the trial court. View "Idaho v. Alwin" on Justia Law

John Bernal appealed his convictions for assault with a deadly weapon, reckless driving, and leaving the scene of an accident. Carmen Becerra and Bernal dated for approximately eight years. By March 2016, their relationship was strained. One afternoon, Carmen was visiting her cousin; Bernal showed up and asked her if they could talk. Carmen agreed to meet Bernal at his aunt’s house. Carmen and Bernal eft the house in separate cars. Stopped by construction, Bernal got out of his vehicle and walked toward Carmen, who was stopped behind him. Carmen testified Bernal looked angry, so she turned onto a side street to avoid a confrontation. Carmen testified she was driving fast so she could get away from Bernal, but he got back into his vehicle and followed her. While Bernal was following Carmen, she was on the phone with her brother, Gustavo Becerra. Gustavo testified that he could hear screaming, speeding, braking, commotion, and then Carmen abruptly hung up. Carmen hit her brakes, causing Bernal to lose control, spin out, and crash into a parked vehicle. Carmen drove to her home where she lived with her mother, Gustavo, and Gustavo’s family. Bernal arrived on foot. As Bernal was approaching the house, Gustavo told Bernal to leave. When Bernal made it halfway through the yard, Gustavo, who was still on the porch, picked up his baseball bat. An altercation ensured; Bernal left threatening to return. During closing arguments, Bernal argued he did not have a knife, that Gustavo was not a credible witness, and that Gustavo was the aggressor. He also argued that he was not identified as the driver of the car that collided with the parked car. Additionally, Bernal argued Carmen credibly testified, contrary to her previous statement to the police, that she did not see Bernal with a knife. The jury found Bernal guilty on all counts, including the sentencing enhancement, and the district court entered judgment. The Idaho Supreme Court determined Bernal failed to show fundamental error arose from an impermissible variance or from prosecutorial misconduct. Therefore, the Court affirmed Bernal's conviction. View "Idaho v. Bernal" on Justia Law

Joseph Herrera appealed his conviction for second-degree murder after a second trial. On appeal, Herrera argued: (1) the State vindictively prosecuted him by adding a sentencing enhancement; (2) the district court erred when it failed to conduct a sufficient inquiry into his request for substitution of appointed counsel; (3) the district court abused its discretion when it overruled objections to a detective’s testimony regarding gunshot residue analysis; (4) the State committed prosecutorial misconduct in closing arguments; (5) the accumulation of errors deprived him of a right to a fair trial; and (6) the district court judge imposed a vindictive sentence after the second trial. After review of the second trial record, the Idaho Supreme Court found no reversible errors and affirmed Herrera’s conviction and sentence. View "Idaho v. Herrera" on Justia Law

Charges were brought against Charles Capone following the disappearance of Rachael Anderson in April of 2010. He was convicted by jury of felony first degree murder, failure to notify coroner or law enforcement of death, and conspiracy to commit failure to notify coroner or law enforcement of death. Capone challenged the sufficiency of the evidence to support his conviction and claimed the district court erred in the admission of certain evidence and by denying his motion for new trial. Finding no error, the Idaho Supreme Court affirmed. View "Idaho v. Capone" on Justia Law

Kilo Le Veque appealed district court decisions to revoke his probation and subsequently relinquish jurisdiction. Le Veque argued the district court abused its discretion in these decisions by refusing to consider the propriety of the terms of his probation at the revocation hearing and by relinquishing jurisdiction solely because Le Veque had not obtained a polygraph examination that the district court desired. The Court of Appeals affirmed the district court’s order revoking probation and reversed the district court’s order relinquishing jurisdiction. The Idaho Supreme Court granted the State’s petition for review and: (1) affirmed the district court’s decision revoking Le Veque’s probation; (2) reversed the district court’s decision relinquishing jurisdiction; and (3) remanded the case for further proceedings before a new district court judge. View "Idaho v. Le Veque" on Justia Law

The State appealed the dismissal of a charge against defendant Laura Akins for her failure to notify of a death pursuant to Idaho Code section 19-4301A. In November 2015, Kimberly Vezina’s body was found wrapped in a tarp and a shower curtain in Lake Coeur d’Alene. Law enforcement’s investigation revealed that Laura Akins was suspected of disposing the body after Vezina died of a drug overdose. The statute imposes a duty on persons who find or have custody of a body to promptly notify authorities. It also prescribes the punishment for failure to comply with that duty, including felony punishment for failing to notify with intent to prevent discovery of the manner of death. The issue this case presented for the Idaho Supreme Court’s review was whether defendant’s prosecution under this statute would violate her Fifth Amendment privilege against self-incrimination. The Supreme Court hold that it would, based on the unique set of facts of this case and affirmed the district court’s decision to dismiss the charge. View "Idaho v. Akins" on Justia Law

Shane Kraly was convicted by jury on various charges, including injury to a child. Kraly argued the jury verdict as to the injury to child charge was not supported by sufficient evidence to conclude that he assumed care or custody of the minor child, M.M. M.M. met Kraly on social media through a mutual friend. When they met in person, Kraly showed M.M. how to use methamphetamine. After review of the district court judgment, the Idaho Supreme Court vacated the judgment of conviction and remanded with instructions for the entry of a judgment of acquittal as to the injury to child charge. However, Kraly’s other convictions remain. On a day M.M. did not show up for school, the school called her father, and her father called M.M.’s juvenile probation officer. Using M.M.’s ankle monitor’s GPS coordinates, law enforcement tracked M.M. to the casino parking lot and discovered Kraly and M.M. sitting in his truck. Kraly was later arrested and charged with rape, injury to child, possession of methamphetamine, and possession of drug paraphernalia. After trial, a jury found Kraly guilty on all counts. The pertinent part to “injury to child” was that the actor had to willfully cause a child to suffer, having the care or custody of any child. Under this standard Kraly argued he did not have “care or custody” of M.M. during the hours he spent with her and his conviction of injury to child had to be vacated. The Idaho Supreme Court agreed and reversed conviction as to that charge. The Supreme Court affirmed in all other respects. View "Idaho v. Kraly" on Justia Law

Anthony Robins, Jr. was convicted by jury for aiding and abetting two first-degree murders and an attempted first-degree murder. While incarcerated prior to trial, Robins’s cell was searched and handwritten notes he had prepared in anticipation of a meeting with counsel were seized and delivered to the prosecuting attorney. The district court granted Robins partial relief from a violation of his attorney-client privilege but placed the burden on him to object at trial if the State offered evidence or argument arising from the privileged materials. Robins argued the district court erred in fashioning this remedy, and the Idaho Supreme Court agreed. In light of the circumstances, the Supreme Court vacated his judgment of conviction and remanded the case with instructions to hold an evidentiary hearing to determine whether the State can overcome the presumption of prejudice arising from its violation of Robins’s attorney-client privilege. If the State can overcome the presumption, the Court held a new trial had to be conducted from which the prosecutor's office had to be recused. View "Idaho v. Robins" on Justia Law

The issue this case presented for the Idaho Supreme Court's review centered on whether the district court erred in its application of Idaho Rule of Evidence 404(b). Juan Salinas was charged with attempted lewd conduct with a minor under sixteen after engaging in online conversations with a detective who posed as an adult. He discussed entering a sexual relationship with the fictitious adult and her minor daughter, and was arrested when he later drove to a hotel where he and the detective had agreed to meet. The State sought to admit evidence of similar conversations that Salinas had with others, as well as sexually-explicit pictures of a fifteen-year-old and four-year-old girl, not part of the State’s fictitious scenario. The district court admitted all the challenged evidence except the picture of the fifteen-year-old, which the court found was propensity evidence and prohibited under the Idaho Rules of Evidence. The district court found Salinas guilty of attempted lewd conduct after a bench trial. Salinas appealed his conviction, arguing the challenged evidence should have been excluded as inadmissible propensity evidence. After review, the Supreme Court concluded the district court did not err in admitting the challenged evidence and affirmed the judgment of conviction. View "Idaho v. Salinas" on Justia Law

Tribal police arrested Shaula Marie George for possession of methamphetamine on the Coeur d’Alene reservation. Upon discovery that George was not a member of the Coeur d’Alene Tribe, the case was referred to the Kootenai County district court. George filed a motion to dismiss based on lack of jurisdiction. The district court granted George’s motion, finding that despite the fact that George was not eligible to become a member of the Coeur d’Alene Tribe, George was an Indian; thus, the district court did not have jurisdiction. To determine whether a defendant is an Indian for jurisdictional purposes courts have applied some variation of a test developed in United States v. Rogers, 45 U.S. 567 (1846), which considers the degree of Indian blood and tribal or government recognition as Indian. Later case law has held enrollment in a tribe is not an absolute requirement for recognition as an Indian. Whether a non-tribe member can be considered an Indian for jurisdictional purposes is a matter of first impression for the Idaho Supreme Court. The district court determined that despite the fact George is not eligible to become a member of the Coeur d’Alene Tribe she still satisfied the two- prong test: (1) she possessed a significant percentage of Indian blood; and (2) she had been recognized as an Indian by either the federal government or some tribe or society of Indians. While George was not qualified for enrollment due to an economic policy decision, the district court found that George had extensive ties to the Coeur d’Alene Tribe. Finding no error in the district court judgment, the Idaho Supreme Court affirmed its jurisdiction determination. View "Idaho v. George" on Justia Law