Idaho v. Ogden
Annotate this CaseDarin Ogden was convicted on one count of sexual exploitation of a child and one count of sexual battery. Ogden argued the convictions should have been vacated because of several erroneous evidentiary rulings made by the district court, which deprived Ogden of his constitutional right to confront witnesses and present a defense. Alternatively, Ogden argued his sentences should have been vacated because the court considered unreliable information related to earlier conduct for which he had been acquitted. Ogden also requested that the presentence investigation report be redacted to omit those allegations. The Idaho Supreme Court determined that although the district court did not abuse its discretion by denying Ogden’s first Rule 412(b) motion seeking to introduce evidence of V.H.’s (the victim) sexual history with Michael Roller, it abused its discretion by denying Ogden’s second Rule 412(b) motion seeking to introduce evidence of V.H.’s sexual history with Ty Birchfield. The Court affirmed Ogden's conviction for sexual battery, but vacated his conviction for sexual exploitation of a child, and the case was remanded for a new trial.
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