IN THE COURT OF APPEALS OF THE STATE OF IDAHO
An unofficial communication FOR IMMEDIATE RELEASE
prepared by the Court staff for NEWS RELEASE (Prehearing)
the convenience of the media.
The Idaho Court of Appeals announced today that retired Court of Appeals Judge Alan M. Schwartzman will assist the Court on several cases that will be heard by the Court in Boise this month. The pro tem will sit with two regular members of the Court for cases on which the Court will hear oral argument. The Court of Appeals is utilizing active and retired judges to assist in handling the Court’s burgeoning case load.
The Idaho Court of Appeals will hear oral argument in the following cases at the Mountain View High School Auditorium, Meridian, Idaho, on the date indicated. The summaries are based upon briefs filed by the parties and do not represent findings or views of the Court.
Thursday, May 1, 2008
10:00 a.m. State v. Contreras-Gonzales - No. 33700 – Nez Perce County
boise, thursday, may 1, 2008, AT 10:00 a.m.
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 33700
STATE OF IDAHO,
v.
EDWIN CONTRERAS-GONZALES,
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Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jeff M. Brudie, District Judge.
Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
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Edwin Contreras-Gonzales appeals his conviction for trafficking in methamphetamine. He was arrested in a Lewiston motel room in March 2004 after police found a large quantity of methamphetamine. He was interviewed by police on several occasions after indicating that he wished to be provided an attorney. Statements that he made during an interview on March 7, 2004, were ultimately suppressed because the police had not honored his request for counsel. After Contreras-Gonzales was arraigned, however, he asked to speak to the police. On March 9, 2004, the officers returned and, after verifying that Contreras-Gonzales wanted to speak with them, conducted another interview in which Contreras-Gonzales made statements that incriminated him. Reasoning that Contreras-Gonzales had initiated the contact with the police, the district court permitted his March 9 statement to be used against Contreras-Gonzales during trial. Contreras-Gonzales asserts that this was an error because the State did not show that he knowingly and intelligently waived his privilege against self-incrimination and his right to counsel. Additionally, Contreras-Gonzales asserts that the district court committed error when it allowed a lab technician to testify regarding the drugs found in Contreras-Gonzales’ motel room, and that the prosecutor engaged in several acts of misconduct during her opening statement and closing argument.