Idaho Supreme Court - Criminal Decisions 2017
Date: December 26, 2017
Docket Number: 44358
Justia Opinion Summary: Torey Adamcik appealed his conviction and sentence for the murder of Cassie Stoddart when he was sixteen years old. The Idaho Supreme Court previously affirmed the conviction and sentence of life without the possibility…
Date: December 22, 2017
Docket Number: 44382
Justia Opinion Summary: The probation officers temporarily detained the visitors while conducting an initial search of the home to secure the remaining occupant. During this initial search, the searching officer observed drug paraphernalia in…
Date: December 21, 2017
Docket Number: 45003
Justia Opinion Summary: Daniel Montgomery appealed his conviction for unlawful discharge of a firearm at an occupied vehicle. Montgomery argued the district court abused its discretion when it allowed the State to present the testimony of two…
Date: December 20, 2017
Docket Number: 45206
Justia Opinion Summary: The State appealed a district court’s order granting John Joseph Marr’s petition for post-conviction relief based on ineffective assistance of counsel at trial. Marr was arrested and charged with felony attempted…
Date: November 29, 2017
Docket Number: 45125
Justia Opinion Summary: In a consolidated appeal from Ada and Blaine County district court, the issue before the Idaho Supreme Court centered on credit for time served under Idaho Code section 18-309. Marco Antonio Rios-Lopez and Corey Dale…
Date: November 8, 2017
Docket Number: 44648
Justia Opinion Summary: In 2012, Teresa Tollman pled guilty to felony DUI. She was sentenced o a unified term of ten years, with two and a half years fixed followed by seven and a half years indeterminate. The judgment required Tollman's…
Date: November 6, 2017
Docket Number: 44299
Justia Opinion Summary: Kody Gibbs appealed a district court’s order extending his probation. In 2013, Gibbs was charged with delivery of a controlled substance after he sold methamphetamine to a minor. Pursuant to plea negotiations, Gibbs pled…
Date: November 6, 2017
Docket Number: 44991
Justia Opinion Summary: Gilberto Garza, Jr., appealed a district court’s dismissal of his petitions for post-conviction relief. Garza signed two plea agreements relating to charges of aggravated assault and possession of a controlled substance…
Date: September 22, 2017
Docket Number: 44932
Justia Opinion Summary: Trevor Lee appealed a district court’s denial of his motion to suppress evidence. As part of his plea agreement, Lee reserved the right to challenge the denial of his suppression motion on appeal. The district court…
Date: September 20, 2017
Docket Number: 43790
Justia Opinion Summary: Defendant-appellant Jonathan Folk was convicted by jury on one felony count of sexual abuse of a child under sixteen years old. On appeal, Folk contended the district court made numerous evidentiary errors. Folk also…
Date: September 12, 2017
Docket Number: 43673
Justia Opinion Summary: Darol Anderson appealed his convictions for felony domestic battery and misdemeanor domestic battery, arguing the district court erred when it admitted the preliminary hearing testimony of his alleged victim, Erica…
Date: August 24, 2017
Docket Number: 44800
Justia Opinion Summary: Matthew Cohagan appealed the district court’s denial of his motion to suppress. Following the denial of his motion, Cohagan entered a conditional guilty plea to possession of methamphetamine. Cohagan argued on appeal…
Date: July 17, 2017
Docket Number: 43621
Justia Opinion Summary: In 2013, while under the influence of a controlled substance, suffering from schizophrenia, and experiencing paranoia and a delusion that he and his family were in danger, defendant Shawn Fisher killed one person and…
Date: July 11, 2017
Docket Number: 43673
Justia Opinion Summary: Defendant-appellant Darol Anderson appealed his convictions for felony domestic battery and misdemeanor domestic battery. Anderson argued the district court erred when it admitted the preliminary hearing testimony of his…
Date: July 10, 2017
Docket Number: 43943
Justia Opinion Summary: The district court igranted a motion to suppress statements made by defendant-respondent Tyrell McNeely to Detective Zane Jensen after finding that the Miranda warnings given to McNeely did not adequately advise him of…
Date: July 10, 2017
Docket Number: 44037
Justia Opinion Summary: Mark Henry Lankford (Lankford) appealed after he was convicted by jury on two counts of felony murder. Lankford and his brother, Bryan Lankford (Bryan), were both convicted and sentenced to death for the 1983 murders of…
Date: July 3, 2017
Docket Number: 35617
Justia Opinion Summary: Mark Lankford and his brother Bryan were both convicted and sentenced to death for the 1983 murders of Robert and Cheryl Bravence, who were brutally murdered while camping in the Sheep Creek area of Idaho County.…
Date: June 22, 2017
Docket Numbers: 43844, 43845
Justia Opinion Summary: Shawn Wass appealed the judgment entered upon his conditional guilty plea to possession of a controlled substance (methamphetamine). He argued the district court erred when it denied his motion to suppress his admission…
Date: June 21, 2017
Docket Number: 44797
Justia Opinion Summary: In 2014, petitioner-appellant Jeremy Wheeler was arrested and charged with possession of methamphetamine. Due to prior convictions of a similar nature, he was also charged with being a persistent violator. Wheeler filed…
Date: June 20, 2017
Docket Number: 42964
Justia Opinion Summary: In 1981, a jury found Randy McKinney guilty of first degree murder (both by premeditated killing and by felony murder), conspiracy to commit murder, robbery, and conspiracy to commit robbery for the April 1981 shooting…
Date: June 20, 2017
Docket Number: 43946
Justia Opinion Summary: In September 2012, the State charged Flores with one felony count of eluding a peace officer. Flores pled guilty to the charge. A judgment of conviction was entered, and Flores was sentenced to five years: a three-year…
Date: June 14, 2017
Docket Number: 44443
Justia Opinion Summary: The State of Idaho appeals from the district court’s order suppressing evidence against Victor Garcia-Rodriguez. On April 10, 2014, Garcia-Rodriguez was pulled over after an Idaho State Police trooper witnessed…
Date: May 31, 2017
Docket Number: 44221
Justia Opinion Summary: Idaho Code section 18-309’s plain language mandates credit for “any period of incarceration” where “such incarceration was for the offense or an included offense for which the judgment was entered.” The statute “does not…
Date: May 26, 2017
Docket Number: 43015
Justia Opinion Summary: Petitioner Jaimi Charboneau was granted a new trial, and the State appealed. Charboneau murdered his ex-wife, Marilyn Arbaugh, in 1984. Her two daughters, Tiffnie and Tira, witnessed the crime, and they both testified…
Date: May 12, 2017
Docket Number: 42857
Justia Opinion Summary: Sarah Johnson appealed the dismissal of successive petition for post-conviction relief. On appeal, Johnson argued: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA…
Date: April 28, 2017
Docket Number: 43745
Justia Opinion Summary: Jesse Mann appealed his conviction for trafficking marijuana, driving without privileges, and possession of drug paraphernalia which were entered after a jury found him guilty of the charges. Prior to trial, Mann sought…
Date: April 14, 2017
Docket Number: 44443
Justia Opinion Summary: The State appealed the district court’s order suppressing evidence against Victor Garcia-Rodriguez. In 2014, Garcia-Rodriguez was pulled over after an Idaho State Police trooper witnessed Garcia-Rodriguez’s car briefly…
Date: April 12, 2017
Docket Number: 44383
Justia Opinion Summary: In May 2012, James Daly was charged with six felony counts of Lewd and Lascivious Conduct with a Minor Under Sixteen. Pursuant to a plea agreement, Daly pleaded guilty to one count. At the start of the sentencing…
Date: April 11, 2017
Docket Number: 44444
Justia Opinion Summary: In November 2013, Christina Wisdom pled guilty to one count of injury to a child. That plea was based on Wisdom allowing her husband, Ronald Wisdom, to access Wisdom’s daughter, M.L., who was born in a prior marriage,…
Date: April 10, 2017
Docket Number: 44445
Justia Opinion Summary: Defendant Patrick Bailey pled guilty to one count of lewd conduct with a minor under sixteen years of age. The alleged victim his ten-year-old daughter, who was “so severely impaired by autism that she could not speak a…
Date: February 28, 2017
Docket Number: 43384
Justia Opinion Summary: The State appealed the district court’s grant of post-conviction relief for John Wurdemann. Wurdemann was convicted on seven felony counts related to the June 2000 attack of Linda LeBrane. In its order, the district…
Date: February 28, 2017
Docket Numbers: 43493, 43494
Justia Opinion Summary: Appellant Jason Zane Garner appeals the district court order revoking his probation and reinstating his sentence. Appellant Jason Zane Garner appeals the district court order revoking his probation and reinstating his…
Date: February 27, 2017
Docket Number: 44176
Justia Opinion Summary: Jeremy Cunningham appealed a district court’s award of restitution. In September 2014, a jury convicted Cunningham of possession of a controlled substance. The district court imposed a unified sentence of five years,…
Date: February 27, 2017
Docket Number: 44177
Justia Opinion Summary: Jamie Nelson appealed the district court’s award of restitution entered under Idaho Code section 37-2732(k). The Idaho Court of Appeals vacated the restitution award, and the Supreme Court granted the State’s petition…
Date: February 27, 2017
Docket Number: 44178
Justia Opinion Summary: Thomas Kelley appealed the district court’s award of restitution entered under Idaho Code section 37-2732(k). The Idaho Court of Appeals vacated the restitution award, and the Supreme Court granted the State’s petition…
Date: February 3, 2017
Docket Number: 43332
Justia Opinion Summary: Washington resident and appellant Douglas Meyer appealed his felony conviction for possession of over three ounces of marijuana. Meyer argued the district court erred when it denied his request for a jury instruction on…
Date: February 2, 2017
Docket Number: 44308
Justia Opinion Summary: Defendant-appellant Laura Smith appealed her conviction for aiding and abetting the delivery of psilocybin mushrooms to an undercover detective. She contended the district court erred in overruling an objection to an…
Date: January 23, 2017
Docket Number: 44250
Justia Opinion Summary: In 2014, Thomas Kralovec was arrested by Boise City Officer Tad Miller for public intoxication and resisting and obstructing arrest. While he was being transported to jail, Kralovec was antagonistic. He cursed, insulted,…
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