Idaho Supreme Court - Criminal Decisions 2015
Date: December 23, 2015
Docket Number: 38477
Justia Opinion Summary: Petitioner-appellant Hasan Icanovic appealed a district court’s dismissal of his petition for post-conviction relief brought on the ground that he received ineffective assistance of counsel. Icanovic argued that his…
Date: December 23, 2015
Docket Number: 42830
Justia Opinion Summary: Larry Severson was convicted in 2004 of one count of first-degree murder and one count of poisoning food or medicine. Those convictions were upheld by the Idaho Supreme Court on direct appeal. In this post-conviction…
Date: December 22, 2015
Docket Number: 41621
Justia Opinion Summary: In January of 2008, a jury convicted Faron Hawkins of two counts of robbery. At trial, Hawkins admitted that he robbed banks but claimed that he did so under duress that stemmed from his previous involvement with various…
Date: December 22, 2015
Docket Number: 42511
Justia Opinion Summary: Rayland Brown was charged by indictment with the felony crime of forcible sexual penetration by use of a foreign object. On October 23, 2012, the second day of Brown’s jury trial, he and the State agreed to a written…
Date: December 22, 2015
Docket Number: 42697
Justia Opinion Summary: Ryan Rawlings went into a Wal-Mart store to steal various items. He selected a large tote, placed it in a shopping cart, filled the tote with small items of merchandise, and covered them with the tote’s lid. He also…
Date: November 4, 2015
Docket Number: 40859
Justia Opinion Summary: Defendant-appellant Jorge Lopez-Orozco was convicted by jury on three counts of first degree murder. The district imposed three concurrent determinate life sentences. Defendant appealed, arguing: (1) the district court…
Date: November 4, 2015
Docket Number: 42729
Justia Opinion Summary: Shortly before midnight on November 14, 2012, Boise Police Officer Ryan Thueson began following Nathan David Neal in a patrol car. Thueson observed Neal drive his pickup onto, but not across, the line at the edge of the…
Date: November 2, 2015
Docket Number: 41105
Justia Opinion Summary: This case was the sixth appeal considered by the Idaho Supreme Court following petitioner-appellant Timothy Dunlap’s guilty plea to first-degree murder. The district court summarily dismissed Dunlap’s successive petition…
Date: September 1, 2015
Docket Number: 42476
Justia Opinion Summary: The State appealed the magistrate court's dismissal of the State's motion for contempt brought against Luis Juarez for failing to make payments ordered in a juvenile proceeding. In 2002, Juarez admitted to committing an…
Date: August 24, 2015
Docket Number: 41982
Justia Opinion Summary: Jesse Riendeau was arrested for driving while under the influence of alcohol by a Coeur d’Alene police officer. The officer transported him to the jail, where the officer asked that Riendeau submit to a breath test for…
Date: August 24, 2015
Docket Number: 42516
Justia Opinion Summary: Andrew Garcia admitted to committing an offense that would have been a misdemeanor if he were an adult. He was ordered to pay court costs of $20.00. After Garcia admitted to committing another offense and a probation…
Date: August 20, 2015
Docket Number: 41004
Justia Opinion Summary: Defendant-appellant Shannon McKean (a/k/ "McKeam) appealed after she was convicted by jury on five counts of possession of a controlled substance with intent to deliver and two counts of aiding and abetting the delivery…
Date: August 20, 2015
Docket Number: 41924
Justia Opinion Summary: Defendant-appellant Felicity Haynes was arrested by a state trooper for driving while under the influence of alcohol. Defendant appealed a district court order affirming the orders of the magistrate court, arguing the…
Date: August 20, 2015
Docket Number: 42823
Justia Opinion Summary: Defendant Bryann Lemmons was convicted by jury on two counts of trafficking in methamphetamine by delivering methamphetamine and two counts of trafficking in methamphetamine by conspiring to deliver methamphetamine. The…
Date: August 7, 2015
Docket Number: 41494
Justia Opinion Summary: Defendant-appellant Joseph Herrera appealed his conviction of second-degree murder. At the time of the shooting, Herrera and his girlfriend Stefanie Cormack had been dating for three to four months and were living…
Date: July 1, 2015
Docket Number: 42816
Justia Opinion Summary: In June 2012, Junior Hillbroom was charged with attempted strangulation and domestic violence in Case No. CR-2012-2908. Several days later, the magistrate court issued a no contact order, which prohibited Hillbroom from…
Date: June 23, 2015
Docket Number: 42671
Justia Opinion Summary: An information was filed charging Marvin Orellana-Castro with unlawful sexual contact with his two stepdaughters. He was charged with two counts of lewd conduct and two counts of sexual abuse regarding the older girl,…
Date: June 22, 2015
Docket Number: 41736
Justia Opinion Summary: In October 2012, an Ada County Sheriff’s officer stopped a vehicle for failing to maintain its lane. The officer identified the driver as defendant Alesha Green, and it was subsequently discovered that Green was driving…
Date: May 21, 2015
Docket Number: 42205
Justia Opinion Summary: Defendant-appellant Kristi Hurles pled guilty to grand theft for embezzling from her employer, was sentenced to fourteen years with two years fixed, and was ordered to pay $204,174.61 in restitution. Hurles worked at a…
Date: May 4, 2015
Docket Number: 41644
Justia Opinion Summary: Defendant-respondent Moses Olivas, Jr. was convicted of failing to register as a sex offender. Pursuant to Idaho Code section 18-8311(1), the district court sentenced Olivas to a term of imprisonment of five years. The…
Date: April 27, 2015
Docket Number: 39249
Justia Opinion Summary: Daniel Ehrlick appealed his conviction for the first-degree murder of a child and the failure to report the death to law enforcement. In the summer of 2009, the Ada County Sheriff's dispatch received an emergency call…
Date: April 8, 2015
Docket Number: 42486
Justia Opinion Summary: The appeal in this case arose after a jury found Desiree Eliasen guilty of misdemeanor stalking. Following the jury’s verdict, Eliasen moved the magistrate court for a judgment of acquittal, which the magistrate court…
Date: April 1, 2015
Docket Number: 40301
Justia Opinion Summary: Defendant-appellant Katherine Stanfield was convicted by jury for first degree murder of two year-old W.F. by aggravated battery of a child under twelve years. Defendant raised two issues on appeal: (1) the district…
Date: April 1, 2015
Docket Number: 42357
Justia Opinion Summary: Defendant-appellant Kenny Struhs pled guilty to vehicular manslaughter, was sentenced to a unified term of fifteen years in prison with ten years fixed, and was ordered to pay restitution to the victim's widow,…
Date: March 19, 2015
Docket Number: 41912
Justia Opinion Summary: The Idaho Supreme Court granted a petition for review of a Court of Appeals decision in this case. Irwin Adams appealed a district court’s decision summarily dismissing his post-conviction relief petition, which the…
Date: March 2, 2015
Docket Numbers: 31659, 39417
Justia Opinion Summary: A jury found Azad Haji Abdullah guilty of first-degree murder, first-degree arson, three counts of attempted first-degree murder, and felony injury to a child. The case proceeded to sentencing and the jury found two…
Date: February 27, 2015
Docket Number: 41811
Justia Opinion Summary: In 2011, Corey Thiel was charged with felony domestic battery. Pursuant to a plea agreement, Thiel pled guilty to an amended charge of misdemeanor domestic battery and was placed on supervised probation. Approximately…
Date: February 17, 2015
Docket Number: 41750
Justia Opinion Summary: William Wolfe appealed the Idaho County district court’s decisions denying: (1) his motion for a hearing on his motion for reconsideration of his I.C.R. 35 motion to correct an illegal sentence; and (2) his successive…
Date: February 9, 2015
Docket Number: 41174
Justia Opinion Summary: The issue this appeal presented for the Supreme Court's review arose from a district court’s denial of Dameniel Owens’s motion for credit for time served. The district court specified that Owens would only receive credit…
Date: January 26, 2015
Docket Number: 40803
Justia Opinion Summary: Defendant David Knutsen appealed a jury verdict finding him guilty of four counts of sexual abuse of a vulnerable adult. Defendant argued on appeal that the term of the grand jury that indicted him had already expired,…
Date: January 23, 2015
Docket Number: 42421
Justia Opinion Summary: A jury found defendant Joseph Thomas, Jr. guilty of first degree murder for the strangulation death of his ex-wife, Beth Irby Thomas in 2011. A friend of Defendant testified that at about 12:30 a.m. the following day,…
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