Idaho Supreme Court - Criminal Decisions 2018

Justia Opinion Summary: Acting pro se, James McDay appealed a district court judgment that affirmed the Idaho State Police Bureau of Criminal Identification (“BCI”)’s denial of McDay’s request to have two criminal cases expunged from his…

Justia Opinion Summary: John Mullins challenged the district court’s denial of his motion to suppress. Mullins and his wife, Tera, were arrested at the federal courthouse in Pocatello, Idaho after security officers found a vial of…

Justia Opinion Summary: Michael Thompson appealed a district court order that summarily dismissed his petition for post-conviction relief based on ineffective assistance of counsel. Thompson was charged and convicted of involuntary manslaughter…

Justia Opinion Summary: Raul Herrera challenged a district court’s partial denial of his Idaho Criminal Rule 35 motion for correction or reduction of sentence. Following his conviction for first-degree murder, among other charges, Herrera was…

Justia Opinion Summary: Sonny Rome sought post-conviction relief. In March 2016, Rome moved for post-conviction relief from his aiding and abetting a burglary conviction, claiming counsel was ineffective under Strickland v. Washington, 466 U.S.…

Justia Opinion Summary: Dillon Gibson was arrested for vehicular manslaughter and leaving the scene of an accident. His mother, Judy Luis, posted a cash deposit and a property bond that collectively enabled Gibson’s release on bail. After he…

Justia Opinion Summary: This appeal centered the interpretation of Idaho Code section 37-2732: the State charged Daniel Amstad with violating section 37-2732 for “being present at or on premises of any place where he knows illegal controlled…

Justia Opinion Summary: Steven Moore appealed a district court’s decision denying his motion to suppress his identification by an eyewitness. The district court found that law enforcement had engaged in a suggestive identification procedure but…

Justia Opinion Summary: Nicholas Sunseri was arrested in 2016, charged by uniform citation with two misdemeanors: domestic violence committed in the presence of a child, and interfering with a 911 call. Sunseri was in custody when he made his…

Justia Opinion Summary: At approximately midnight on October 1, 2016, Coeur d’Alene police officers responded to an apartment after receiving a 911 call from defendant Brianna Andersen reporting that that “there was a male who was unconscious,…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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,…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: 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…

Justia Opinion Summary: This appeal arose out of Russell Passons’s motion to correct an illegal sentence pursuant to Idaho Criminal Rule 35. The district court denied the motion on the basis of controlling precedent of the Court of Appeals. The…

Justia Opinion Summary: In 2015, Deputy Harvey Ballman was patrolling the area near the intersection of Highways 95 and 53 in Kootenai County. At approximately 10:50 p.m., Deputy Ballman observed a vehicle, driven by defendant Antonia Fuller,…

Justia Opinion Summary: Ida Perez Vasquez appealed her conviction on one count of intimidating a witness, in violation of Idaho Code section 18-2604(3). Vasquez argued that she was deprived of her state and federal constitutional right to a…

Justia Opinion Summary: Ida Vasquez was convicted by jury of one count of intimidating a witness. Vasquez argued she was deprived of her state and federal constitutional right to a jury trial because, although her counsel waived her right to a…

Justia Opinion Summary: Erick Virgil Hall was convicted of the 2000 first-degree murder, first-degree kidnapping, and rape of Lynn Henneman. Henneman was a flight attendant from New York, laid over in Boise that day. She and the rest of the…

Justia Opinion Summary: In 2015, defendant-appellant Jason Barrett was arrested for a parole violation related to a prior conviction. At the time of his arrest, Barrett was in possession of drugs and drug paraphernalia. While Barrett was…

Justia Opinion Summary: A jury found David Johnson guilty of two counts of lewd conduct with a minor child under sixteen. Johnson appeals, arguing that the district court erred in multiple ways requiring his convictions be vacated. Finding no…

Justia Opinion Summary: This case addressed whether a defendant accused of DUI could present expert testimony regarding his alcohol concentration at the time he was driving. In April 2015, a Sheriff’s Deputy pulled Justin Austin over for…

Justia Opinion Summary: Gracie Tryon appealed her conviction for possession of a controlled substance. Tryon argued the district court erred when it admitted certain statements regarding the identity of the alleged controlled substance. Tryon…

Justia Opinion Summary: The State of Idaho appealed a district court decision suppressing evidence found during a search of Brody Jaskowski’s pickup. Relying on Idaho v. Turek, 250 P.3d 796 (Ct. App. 2011), the district court held that…

Justia Opinion Summary: On February 14, 2016, after drinking, Roy Baxter “backhanded [his] wife in the throat area” while the two were driving in his car. When they stopped driving and got out of his car, they continued arguing, and Baxter…