Idaho v. AlwinAnnotate this Case
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.