Idaho v. Leary
Annotate this CaseDefendant-appellant Daniel Leary appealed a district court’s order revoking probation and imposing his sentence. He argued the district court erred in calculating his credit for time served. He contended that the 2015 amendments to Idaho Code sections 18-309 and 19-2603 (the "Credit Statutes") should have been given retroactive effect, requiring the district court to give him credit for all time served on previous drug court bench warrants, which were a condition of his probation. The Supreme Court affirmed, finding "an express declaration of retroactive effect is absent from the plain language of the Credit Statutes. The Legislature clearly knows how to expressly declare retroactive effect when drafting a statute, and such a declaration is absent in the Credit Statutes."
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