Idaho v. CunninghamAnnotate this Case
This case centered on whether the State presented substantial evidence to the district court to support an award of restitution for costs actually incurred by the State in prosecuting Jeremy Cunningham for drug charges. In the first appeal, the Idaho Supreme Court vacated the district court’s award of restitution and remanded the case. After conducting a second restitution hearing and hearing live testimony from an administrative assistant with the Ada County prosecuting attorney’s office, the district court awarded restitution to the State in the amount of $906.75 (over $1000 less than awarded at the first hearing). Cunningham appealed again, arguing that the district court erred in awarding restitution. On appeal, Cunningham contended the district court improperly admitted hearsay evidence at the hearing and that the district court abused its discretion by awarding restitution without substantial evidence of the prosecution’s costs. The Supreme Court agreed with this latter point, and vacated the district court’s award of restitution. The Court did not remand: "[t]he State had two opportunities to claim restitution, and remanding for a third opportunity would be improper."