Court of Appeals - Criminal-Post Conviction Opinions

The Idaho Supreme Court and Idaho Court of Appeals cited opinions are made available online as a public service. All cited opinions are posted the day of their release. West Publishing Company publishes all cited opinions in the Pacific Reporter and Idaho Reports volumes. The Summary constitutes no part of the opinion of the Court, but has been prepared by court staff for the convenience of the public. All cited opinions are removed from this site one-year upon release.

NOTICE: These opinions are subject to formal revision before publication in the preliminary print of the Pacific Reporter. Readers are requested to notify the Clerk of the Court/Reporter of Decisions, Supreme Court of Idaho, Boise, Idaho, 83720-0101, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

By Release Date 

 

    • Release Date Docket# Case Name Opinion Notes
      March 8, 2024 50179 State v. Caudill

      Opinion
      Summary

      Judgment of conviction; Alleged Violation of Speedy Trial Rights

      February 16, 2024 49517 State v. Olsen

      Opinion
      Summary

       

      Forcible penetration; use-of-force theory

      January 9, 2024 49545 State v. Rowland

      Opinion
      Summary

      Judgment of conviction for battery on a police officer and being a persistent violator
      Dec 12, 2023 50218 State v. Martin

      Opinion
      Summary

      Order relinquishing jurisdiction
      Dec 12, 2023 49877 State v. Ruiz

      Opinion
      Summary

      Order relinquishing jurisdiction
      Dec 11, 2023 49994 State v. Blacker

      Opinion
      Summary

      Judgment of conviction and unified sentence; I.C.R. 35
      Nov 22, 2023 49569 State v. Wrede

      Opinion
      Summary

      Fees associated with probation supervision
      Nov 21, 2023 49030 State v. Head

      Opinion
      Summary

      Restitution 
      Nov 2, 2023 49825 State v. Garitone

      Opinion
      Summary

      Judgment of conviction for driving under the influence
      Nov 1, 2023 49981 Sweet v. State

      Opinion
      Summary

      Judgment denying petition for post-conviction relief
      October 18, 2023 49955 State v. Hoover

      Opinion
      Summary

      Petition for Review Granted Motion to dismiss the State's amended complaint to enhance the misdemeanor to a felony due to a separte conviction.
      October 10, 2023 49434/49944 State v. Eaton

      Opinion
      Summary

      Petition for Review Granted Judgment of Conviction for Burglary and Order Denying I.C.R. 35(a) Motion for Correction of an Illegal Sentence.
      October 3, 2023 49823 State v. Staples

      Opinion
      Summary

      Motion in Limine
      Sept 20, 2023 49110 State v. Buck

      Opinion
      Summary

      Judgment of Conviction for First Degree Murder with a Deadly Weapon Enhancement
      Sept 15, 2023 49829 State v. Wilson

      Opinion
      Summary

      Order for Restitution
      August 29, 2023 49883 State v. Rinebarger

      Opinion
      Summary

      Judgment of Conviction for Attemped First Degree Kidnapping and Aggravated Assault.
      July 21, 2023 49302 State v. Wilde

      Opinion Substitute
      Summary

      Petition for Review Granted  Order for Restitution
      June 8, 2023 49878 State v. Wenk

      Opinion
      Summary

      Decision of the district court, on intermediate appeal from the magistrate court, reversing an order granting motion to dismiss a citation for harboring an at-risk dog.
      June 6, 2023 49608 Meyer v. State

      Opinion
      Summary

      Judgment summarily dismissing petition for post-conviction relief.
      May 10, 2023 49229 State v. Towell

      Opinion
      Summary

      Judgment of Conviction
      April 20, 2023 49039 State v. Roberts

      Opinion
      Summary

      Petition for Review Granted Judgment of Conviction
      April 10, 2023 48927 State v. Wright

      Opinion
      Summary

      Petition for Review Granted Lewd conduct with a minor and sexual abuse of a child; Peremptoyr challenge Batson v. Kentucky; Idaho Rule of Evidence 404(b); Motion for a mistrial; I.R.E. 412 motion.
      April 5, 2023 48982 State v. Lassiter

      Opinion
      Summary

      Aggravated assault, I.C. §§ 18-901(b), 18-905(a); "Stand-your-ground" I.C. § 19-202A; improperly admitted irrelevant evidence. 
      February 27, 2023 48951 State v. Lee

      Opinion
      Summary

      On appeal, Lee argues that his convictions and punishments for two counts of sexual battery violate the prohibitions agianst double jeopardy and that the district court abused its discretion in sentencing him.
      February 2, 2023 49060 State v. Slaninka

      Opinion
      Summary

      Judgment of conviction for trafficking in herion, possession of a controlled substance, and possession of drug paraphernalia.
      February 2, 2023 49743 State v. Ricks

      Opinion
      Summary

      Motion to suppress evidence.
      December 19, 2022 48172 State v. Buehler

      Opinion
      Summary

      Petition for Review Granted Aggravated DUI
      December 19, 2022 49080 & 49081 State v. Gale

      Opinion
      Summary

      Probation violation (reversed)
      December 1, 2022 49449 State v. Kildow

      Opinion
      Summary

      Orders granting suppression motion and motion to dismiss.
      December 1, 2022 49019 State v. Simanton

      Opinion
      Summary

      The district court's order granting motion to suppress evidence.

      November 9, 2022 48833 State v. Parsons

      Opinion
      Summary

      Petition for Review Granted Three felony counts of I.C. § 18-1508; one misdemeanor count of I.C. § 18-1515

      September 22, 2022 49123 State v. Galindo

      Opinion
      Summary

      Judgment of conviction for trafficking in methamphetamine

      September 15, 2022 48503 State v. Descharme

      Opinion
      Summary

      Judgment of conviction for trafficking in methamphetamine or amphetamine and misdemeanor driving under the influence

      September 2, 2022 48473 State v. Ramos

      Opinion Amended
      Summary

      Petition for Review Granted  Whether the district court erred in denying motion to suppress evidence

      April 15, 2022 48783 State v. Greer

      Opinion
      Summary

      Petition for Review Granted Judgment of conviction and unified sentence of seven years

      March 29, 2022 47388 State v. Colpitts

      Opinion
      Summary

      Whether the district court erred in admitting audio recordings and call logs, and declined to instruct the jury.

      March 28, 2022 48396 State v. Wickham

      Opinion
      Summary

      Judgment of conviction for possession of a controlled substance

      March 4, 2022 48878 State v. Lewis

      Opinion
      Summary

      Motion to suppress; trafficking in marijuana

      March 3, 2022 48248 State v. Granger

      Opinion
      Summary

      Judgment of conviction for rape, lewd conduct, sexual exploitation

      March 2, 2022 47832 State v. Doyle

      Opinion
      Summary

      Judgment of conviction for unlawful possession of a firearm

      February 17, 2022 48634 State v. Porter

      Opinion
      Summary

      Motion to suppress

      February 7, 2022 48651 State v. Kolander

      Opinion
      Summary

      Order of restitution

      Dec. 17, 2021 48321 State v. Prano

      Opinion
      Summary

      Judgment of conviction for possession of a controlled substance

      Dec. 15, 2021 48129/48130 State v. Reilly

      Opinion
      Summary

      Motion to reconsider relinquishment of jurisdiction

      Nov. 12, 2021 47766 State v. Medrano

      Opinion
      Summary

      Idaho Criminal Rule 35

      Oct. 22, 2021 47892 State v. Couch

      Opinion
      Summary

      Judgment of conviction for possession of a controlled substance

      Oct. 22, 2021 47795 State v. Walker

      Opinion
      Summary

      Judgment of conviction for possession of a controlled substance and misdemeanor driving under the influence

      Oct 18, 2021 47778 State v. Roman-Lopez

      Opinion
      Summary

      Petition for Review Granted Judgment of conviction for three counts of lewd conduct and two counts of sexual abuse

      Aug 31, 2021 48161 Pomrenke v. State

      Opinion
      Summary

      Judgment summarily dismissing petition for post-conviction relief

      Aug 31, 2021 47979 & 47980 State v. Hanchey

      Opinion
      Summary

      Orders revoking probation

      Aug 30, 2021 47858 State v. Porter

      Opinion
      Summary

      Judgments of conviction for felony driving under the influence; orders denying motion to suppress

      Aug 11, 2021 47610 State v. Damiani

      Opinion
      Summary

      Burglary, petit theft, possession of controlled substance

      July 22, 2021 48034 State v. Doser

      Opinion
      Summary

       

      Possession of a controlled substance and possession of drug paraphernalia

      July 8, 2021 47699 State v. Juarez

      Opinion
      Summary

      Aggravated battery; persistent violator; notice of alibi; discovery sanctions

      June 30, 2021 47793 Baker v. State

      Opinion

      Summary

       

      Judgment summarily dismissing petition for post-conviciton relief

      June 3, 2021 47713 State v. Kropp

      Opinion

      Summary

      Judgment of conviction for three counts of burglary

      May 21, 2021 47814 State v. Budka

      Opinion

      Summary

      Judgment of conviction for possession of methamphetamine

      April 28, 2021 47771 State v. Ross

      Opinion

      Summary

       

      Petition for Review Granted Order revoking probation and executing previously suspended sentence.
      Mar 18, 2021 47009 State v. Chacon

      Opinion

      Summary

       

      Judgment of conviction for eluding a police officer, unlawful possession of a firearm, and possession of a controlled substance.
      Mar 10, 2021 47459 Chaput v. State

      Opinion

      Summary

      Post-Conviction; grand theft; ineffective assistance
      Mar 3, 2021 47517 Rankin v. State

      Opinion Substitute

      Summary

      Petition for Post-Conviction relief as untimely under Idaho Code § 19-4902(a)
      Feb 26, 2021 47840 State v. Deboer

       

       

      Opinion Substitute

      Summary

       

      Judgment of conviction for trafficking in methamphetamine
      Feb 17, 2021 47260 State v. Taylor

       

       

      Opinion Substitute

      Summary

       

      Judgment of conviction for first degree murder
      Dec 31, 2020 47547 State v. Biggs

      Opinion

      Summary

      Lewd conduct with a minor; sexual exploitation of a child
      Dec 18, 2020 47124 Passons v. State 

      Opinion

      Summary

      Post-conviction; self-representation; ineffective assistance of counsel
      Dec 16, 2020 47028 State v. Ruff

      Opinion

      Summary

      OPINION VACATED & WITHDRAWN by Order of the Court of Appeals 12/29/2020. 

      Dec 14, 2020 47446 State v. Clapp

      Opinion

      Summary

      I.C.A.R. 32(i) motion to seal and expunge the criminal record
      Dec 03, 2020 47236 State v. Baay

      Opinion

      Summary

      Felony domestic violence or assault
      Nov 30, 2020 47371 State v. Richardson

      Opinion

      Summary

      Judgment of conviction for grand theft and being a persistent violator
      Nov 9, 2020 47796 State v. Ochoa

      Opinion

      Summary

      Petition for Review Granted  Judgment of conviction for misdemeanor vehicular manslaughter and remanding for a new trial
      Nov 4, 2020 47623 State v. Fitzsimmons

      Opinion

      Summary

      Petition for Review Granted  Judgment of conviction felony driving under the influence of alcohol (DUI)
      Oct 20, 2020 47654 State v. Heck

      Opinion

      Summary

      Intermediate appeal from the magistrate division for vicious dog at large
      Oct 16, 2020 47716 State v. Magsamen

      Opinion

      Summary

      Intermediate appeal to the District Court for two counts of DWP.
      Oct 15, 2020 46863 State v. Byrum

      Opinion

      Summary

      Motion to suppress and motion to reconsider
      Oct 2, 2020 45821 State v. Allmaras

      Opinion

      Summary

      Lewd conduct with a minor
      Sept 28, 2020 47167 State v. Devan

      Opinion

      Summary

      Judgment of conviction for felony driving under the influence; motion to suppress
      Sept 28, 2020 47010 State v. Frank

      Opinion

      Summary

      Medical condition; jury instruction on necessity defense
      Sept 8, 2020 47062 State v. Jay

      Opinion

      Summary

      Motion to Suppress; Fourth Amendment protections
      Sept 3, 2020 46990 State v. Howard

      Opinion

      Summary

      Motion to Suppress
       Aug 20, 2020 47275  State v. Wilson  Opinion
      Summary
       PET/REVIEW GRANTED Motion to Suppress
      Aug 19, 2020 46751 State v. Golden, Sr. Opinion
      Summary
      Sentencing; Rule 35; PSI
      Aug 13, 2020 46893 State v. Randall Opinion
      Summary
      PET/REVIEW GRANTED Motion to suppress; expand scope of traffic stop; Fourth Amendment
      July 16, 2020 46422 State v. Fields Opinion
      Summary
      Battery on a law enforcement officer; jury instruction
      July 15, 2020 47209 State v. Hernandez Opinion
      Summary
      Felony DUI
      July 10, 2020 47401 / 47402 State v. John Doe Opinion
      Summary
      Magistrate order waiving juvenile jurisdiction and prosecuting (minor) in adult criminal court
      July 8, 2020 47089 State v. Gutierrez Opinion
      Summary
      Unlawful possession of a firearm
      June 29, 2020 46439 State v. Reyes Opinion
      Summary
      PET/REVIEW GRANTED  Domestic battery with traumatic injury; attempted strangulation
      June 24, 2020 46401 State v. Guzman Opinion
      Summary
      Jurisdiction and plea agreement
      June 23, 2020 47199 State v. Lian Opinion
      Summary
       Motion to suppress
      May 20, 2020 46886 State v. Jacobsen Opinion
      Summary
      Controlled substance: Motion to Supress
      May 13, 2020 46766 State v. Hale, II Opinion
      Summary
      PET/REVIEW GRANTED  Possession of controlled substance; persistent violator
      May 13, 2020 47241 State v. Barham Opinion
      Summary
      Restitution
      May 12, 2020 47287 State v. Solano Opinion
      Summary
      I.C.R. 35 motion for reduction of sentence; probation; jail time
      May 06, 2020 46610 State v. Williams Opinion
      Summary
      Grand theft by possession of stolen property; resisting / obstructing an officer; psychological evaluation Idaho Code § 19-2522
      May 04, 2020 46828 State v. Yang Opinion
      Summary
      Conspiracy charge; jury instruction; I.C.R. 35 motion
      Apr 30, 2020 46612 State v. Bills Opinion
      Summary
      Motion to suppress; exclusionary rule; illegal search
      Apr 08, 2020 46426 State v. Bakke Opinion
      Summary
      Rule 35; Restitution
      Mar 25, 2020 46500 State v. Johnson Opinion
      Summary
      SUBSTITUTE OPINION. Restitution 
      Mar 24, 2020 46708 State v. Gottlieb Opinion
      Summary
       Fugitive from Justice
      Mar 24, 2020 47031 State v. Dunne Opinion
      Summary
       Reversal of denial of I.C.R. 35 Motion
      Mar 10, 2020 46262 State v. Saenz Opinion
      Summary
      Aggravated battery

      Mar 03, 2020

      45758 State v. Smith

      ORDER

      Opinion
      Summary

       

      PET/REVIEW GRANTED

      First degree murder; destruction, alteration or concealment of evidence

      Mar 02, 2020 45925 State v. Critchfield Opinion
      Summary
      Felony injury to a child
      Feb 27, 2020 46572 State v. West  Opinion
      Summary
      Intimidating a witness
      Feb 21, 2020 46744 State v. Loosli Opinion
      Summary
      Motion to suppress
      Feb 19, 2020 45266 State v. Munson Opinion
      Summary
      Evidentiary rulings; sentence; grand theft
      Feb 7, 2020 46085 State v. Huckabay

      ORDER 

      Opinion
      Summary

       

      PET/REVIEW GRANTED

      Illegal possession of a moose; Idaho Code §§ 36-1401(c)(3) & 36-1404(a)(2)

      Jan 21, 2020 46106 State v. Elizarraraz Opinion
      Summary
      Order extending No-contact order 
      Jan 21, 2020 45616 State v. Papse, Sr. Opinion
      Summary
      Felony DUI
      Jan 16, 2020 46219 State v. Cox Opinion
      Summary
      Motion to suppress
      Oct 08, 2019 45629 State v. Joslin, Jr Opinion
      Summary
      Idaho Rule of Evidence 404(b); ex-wife testimony
      Oct 08, 2019 46410 State v. Coniconde Opinion
      Summary
      Eluding; driver's license suspension; obstructions on railroad tracks
      Sept 18, 2019 45269 State v. Pagan-Lopez Opinion
      Summary
      Rejection of guilty plea
      Aug 30, 2019 45592 State v. Haggard Opinion
      Summary
      PET/REVIEW GRANTED - Waiver of jury trial
      Aug 30, 2019 45949 State v. Ali Habeb Opinion
      Summary
      Restitution
      Aug 28, 2019 45792 State v. Still Opinion
      Summary
      Motion to suppress; prolonged traffic stop
      Aug 6, 2019 46095 State v. Farrell Opinion
      Summary
      Window tint violation; unlawful detention; motion to suppress
      June 20, 2019 45491 State v. Hess Opinion
      Summary
      PET/REVIEW GRANTED - Restitution
      May 2, 2019 45094 State v. Woods Opinion
      Summary
      Confrontation Clause; double jeopardy
      April 29, 2019 45608 State v. Chambers Opinion
      Summary
      PET/REVIEW GRANTED -  Evidence under I.R.E. 412
      April 16, 2019 45285 State v. Glodowski Substitute Opinion
      Summary
      PET/REVIEW GRANTED - Failure to Register as a Sex Offender
      Mar 21, 2019 45683 State v. Nuss Opinion
      Summary
      Objection to facility dog in court overruled
      Mar 14, 2019 45489 State v. Kincaid, Jr.  Opinion
      Summary
      Withdraw plea; fines
      Mar 6, 2019 45432 Black v. State Opinion
      Summary
      Petition for post-conviction relief dismissed 
      Mar 6, 2019 45174 State v. Islas Substitute Opinion
      Summary
      Motion to suppress
      Feb 27, 2019 45591 Campos v. State Opinion
      Summary
      Post-conviction; ineffective assistance

      Feb 27, 2019

      45364 State v. Dix Opinion
      Summary
      PET/REVIEW GRANTED - Claim of insufficient evidence; withheld judgment; grand theft / burglary

      Feb 14, 2019

      44330 State v. John Lee Opinion
      Summary
      Motion to withdraw guilty plea 

      Jan 30, 2019

      45593 State v. Reeder Opinion
      Summary
      Motion to suppress

      Jan 9, 2019

      45297 Andrus v. State Opinion
      Summary
      Rule of Civil Procedure 60(b)

      Dec 11, 2018

      45031 State v. Maldonado  Opinion
      Summary
      Hearsay testimony; mistrial

      Nov 27, 2018

      45482 State v. Horton  Opinion
      Summary
      Motion to suppress

      Nov 16, 2018

      45470 Hensley v. State Opinion
      Summary
      Motion to suppress

      Oct 30, 2018

      44948-44949 State v. Ibarra aka DeLeon Opinion
      Summary
      Controlled substance; contraband in a correctional facility

      Oct 19, 2018

      45179 Arellano v. State Opinion
      Summary
      Post-conviction claim of ineffective assistance of counsel

      Oct 12, 2018

      45271 State v. Ferguson Opinion
      Summary
      Persistent violator enhancement

      Oct 9, 2018

      45252 State v. Daily Opinion
      Summary
      Order granting motion to suppress

      Sept 25, 2018

      45829 State v. Bickhart Opinion
      Summary
      Sentencing 

      Sept 18, 2018

      45048 State v. Ayala Opinion
      Summary
      Motion to suppress; unlawful arrest; probable cause

      Sept 14, 2018

      45317 State v. Burgess Opinion
      Summary
      State appeals order granting motion to suppress

      Aug 31, 2018

      45104 State v. Vaughn Opinion
      Summary
      Trafficking in heroin

      Aug 31, 2018

      45134 State v. Hoskins Opinion
      Summary
      PET/REVIEW GRANTED -  Possession of a controlled substance; motion to suppress

      Aug 27, 2018

      45037 Bias v. State Opinion
      Summary
      Felony DUI; State appeals from partial grant of Petition for Post-Conviction relief

      Aug 20, 2018

      44872 State v. Coats Opinion
      Summary
      Grand theft; possession of a financial transaction card

      Aug 3, 2018

      44822, 44823 & 44824 State v. Merrill  - Substitute Opinion  Opinion
      Summary
      Burglary; felony fleeing or attempt to elude a peace officer

      Aug 2, 2018

      45273 State v. Cook Opinion
      Summary
      Motion to suppress

      July 13, 2018

      45028 State v. Miller Opinion
      Summary
      PET/REVIEW GRANTED -  Eluding a police officer; injury to child

      June 20, 2018

      45199 State v. Billups Opinion
      Summary
      Motion to suppress

      May 4, 2018

      44233 State v. Smalley Opinion
      Summary
      PET/REVIEW GRANTED - Sexual abuse of a vulnerable adult

      May 4, 2018

      44843 State v. Vargas Opinion
      Summary
      Out-of-court identification

      May 2, 2018

      44865 State v. Reed Opinion
      Summary
      Possession of methamphetamine; relinquished jurisdiction; past criminal history

      April 12, 2018

      45239 State v. McKie Opinion
      Summary
      DUI

      April 6, 2018

      45032 State v. Coleman Opinion
      Summary
      Exhibition of a deadly weapon

      April 6, 2018

      44935 & 44942 State v. McGraw & Killeen Opinion
      Summary
      State appeals orders granting motions to suppress

      April 3, 2018

      44752 State v. Kinney Opinion
      Summary
      Idaho's Sex Offender Registration Act

      Mar 23, 2018

      44817 Steven Eugene Roberts, III v. State Opinion
      Summary
      Dismissal of petition for post-conviction relief; burglary and arson; persistent violator

      Mar 20, 2018

      44770 State v. Richard Turner Kerr Opinion
      Summary
      Grand theft by possession of stolen property

      Mar 12, 2018

      44818 State v. Tyson Michael Pieper Opinion
      Summary
      Order denying motion to suppress

      Mar 7, 2018

      44617 State v. Taylor James Fairchild Opinion
      Summary
      State appeals from district court granting of a motion to suppress

      Feb 28, 2018

      45022 45023 State v. Marcos A. Renteria Opinion
      Summary
      Order denying motion to suppress

      Feb 26, 2018

      44819 State v. David John Harper Opinion
      Summary
      Order denying motion to suppress

      Feb 23, 2018

      44042 State v. Kyle A. Richardson Opinion
      Summary
      Claim of violation of speedy trial rights; Judgment of conviction for three counts of delivery of a controlled substance and order of restitution

      Feb 22, 2018

      44633 State v. Joseph Roman Rubio Opinion
      Summary
      Filing a false instrument

      Feb 20, 2018

      44542 Michael Jared Thompson v. State Opinion
      Summary
      PET/REVIEW GRANTED - Post-Conviction; Involuntary manslaughter

      Jan 31, 2018

      44642 State v. James Edward Snapp Jr. Opinion
      Summary
      Appeals from order denying motion to suppress

      Jan 23, 2018

      44311 State v. Brandon Tyler Bahr Opinion
      Summary
      Appeal from judgement first degree murder grand theft

      Jan 11, 2018

      44300 State v. Kent Glen Williams Opinion
      Summary
      Robbery

      Jan 9, 2018

      43916 State v. Jeremy Brown Opinion
      Summary
      Appeal from order withdrawing credit for time served

      Dec 19, 2017

      44433 State v. Marjorie Balls Krambule Opinion
      Summary
      Pro Se Appellant claims district court erred by allowing entry of guilty plea without a waiver of right to counsel.  Appeal Dismissed

      Dec 14, 2017

      44574 State v. Chynna Dawn Nuse Opinion
      Summary
      SUBSTITUTE OPINION Battery against health care workers; appeal from withheld judgment 

      Dec 12, 2017

      44553 State v. Jeffrey Lynn Alwin Opinion
      Summary
      PET/REVIEW GRANTED - Appeal addresses prohibited propensity evidence and misconduct / fundamental error during closing argument. Court of Appeals vacates conviction and remands. 

      Dec 1, 2017

      44575 State v. Melissa Heiner aka Olin Opinion
      Summary
      Possession of methamphetamine

      Nov 30, 2017

      44740 State v. Brian Calder Kerr Opinion
      Summary
      The primary issue in this case is the definition of the phrase "unlawfully take" as used in the confiscation statute in Idaho's Fish & Game Code. 

      Nov 20, 2017

      44479 State v. John Doe (2016-39) Opinion
      Summary
      State appeals district court affirming magistrate decision to grant suppression of statements made by (minor) defendant during interviews

      Nov 20, 2017

      43877 State v. Kilo J. LeVeque Opinion
      Summary
      PET/REVIEW GRANTED - Burglary and possession of methamphetamine

      Nov 15, 2017

      44545 State v. Nicholas Shane Clausen Opinion
      Summary
      Appeal from the District Court's Order

      Nov 14, 2017

      44415 Cuc Phuoc Ho v. State Opinion
      Summary
      State Appeals from grant of post-conviction relief

      Nov 13, 2017

      44499 State v. Kasey A. Smith Opinion
      Summary
      Appeal from denial of motion to suppress

      Nov 8, 2017

      44783 State v. Cesar Gabriel Castrejon Opinion
      Summary
      State appeals district court's order remanding case back to magistrate for lack of jurisdiction

      Nov 2, 2017

      44440 State v. Eugenio Caliz-Bautista Opinion
      Summary
      Felony lewd conduct and felony sexual abuse of a child under sixteen

      Nov 2, 2017

      43870 State v. Amanda Lucy Belle Diaz Opinion
      Summary
      DUI

      Oct 25, 2017

      43947 State v. Jason Roy Barrett

      Opinion
      Summary

      PET/REVIEW GRANTED - Order denying motion for credit for time served reversed and case remanded.

      Oct 10, 2017

      43901 State v. Jacob Juan Hernandez, Jr.

      Opinion
      Summary

      Voluntary manslaughter with gang enhancement

      Oct 10, 2017

      44476 State v. Samuel J. Davis

      Opinion
      Summary

      Appeal from conditional plea to robbery; order denying motion to suppress statements made during questioning

      Oct 5, 2017

      43967 State v. James Patrick Stell, Jr.

      Opinion
      Summary

      Aggravated assault, with deadly weapon enhancement; malicious injury to property; possession of drug paraphernalia; and carrying a concealed weapon while under the influence

      Sept 29, 2017

      44198 & 44199 State v. Ivan Drake Pettit

      Opinion
      Summary

      Motion to suppress

      Sept 29, 2017

      44546 State v. Larry Glenn Fenton Jr

      Opinion
      Summary

      Motion to suppress

      Sept 29, 2017

      44807 Travis David Knox v. State

      Opinion
      Summary

      Sex Offender Registry

      Sept 29, 2017

      44140 & 44141 State v. Brandon Briggs

      Opinion
      Summary

      Lewd conduct, sexual abuse

      Sept 14, 2017

      44279 State v. Aladdin Bail Bonds

      Opinion
      Summary

      SUBSTITUTE OPINION: Aladdin appeals from order denying motion to set aside fordeiture and exonerate bond

      August 29, 2017

      44747 State v. Rosa L. Greub

      Opinion
      Summary

      Appeal from order denying motion to suppress

      July 26, 2017

      44484 State v. Thomas Cruz Colvin

      Opinion
      Summary

      The State filed a motion to dismiss the original charge of misdemeanor domestic battery, which was granted and subsequently filed a new complaint charging felony domestic battery. 

      July 21, 2017

      44388 State v. Russell Allen Passons

      Opinion
      Summary

      PET/REVIEW GRANTED - Aggravated assault.  Passons appeals from the district court's denial of his Idaho Criminal Rule 35 motion to correct an illegal sentence.

      July 3, 2017

      43260 State v. Ida Perez Vasquez

      Amended 9-6-17
      Summary

      PET/REVIEW GRANTED - Intimidating a witness.  Vasquez appeals waiver of right to a jury trial. 

      June 30, 2017

      43718, 43719 State v. Edward L. Comer Opinion
      Summary
      Appeal from consolidation of sexual abuse charges.  Judgments vacated.  Remanded. 

      June 29, 2017

      44041 State v. Wilbert Longhofer Opinion
      Summary
      DUI. Appellant argues abuse of discretion in the denial of a motion in limine to exclude alcohol breathalyzer test results.

      June 28, 2017

      44649 State v. Jessica L. Wenzel Opinion
      Summary
      Appeal from denial of motion to suppress 

      June 28, 2017

      44711 State v. James Dean Hogan Opinion
      Summary
      Credit for time served

      June 27, 2017

      44535 State v. Roy Ayers Baxter, Jr.  Opinion
      Summary
      PET/REVIEW GRANTED - Domestic violence, no contact order

      June 27, 2017

      44273 State v. Dustin Jade Morgan Opinion
      Summary
      Morgan appeals from the district court's denial of his motion to dismiss and motion for reconsideration

      June 22, 2017

      44003-44004 State v. Benjamin J. Dahl Opinion
      Summary
      Possession of controlled substance; intent to deliver

      June 9, 2017

      43508 Evin Devan v. State Opinion POST-CONVICTION - appeal from order denying motion for relief

      June 9, 2017

      44247 State v. Gabbrielle R. Aberasturi Opinion State appeals from district court order granting motion to suppress

      June 7, 2017

      44295 Terry Lee Ash v. State Opinion POST-CONVICTION - Appeal from summary dismissal of petition for post-conviction relief. (DUI)

      May 8, 2017

      44353 Ronald Eddington v. State Opinion POST-CONVICTION - Claim for ineffective assistance of counsel

      May 4, 2017

      44593 State v. Scott Cameron Freeland Opinion Grand theft by possession of stolen property

      Apr 25, 2017

      44059 State v. Michael Anthony Hiatt Opinion Appeal from order denying motion for credit for time served

      Mar 17, 2017

      44257 State v. Harley Gomez Opinion Order denying motion to dismiss is reversed; case remanded.

      Mar 6, 2017

      43873 State V. Bryan A. Santana Opinion Intermediate appeal from magistrate affirming order granting motion to suppress, reversed and remanded.

      Mar 2, 2017

      44191 State v. James Darnell Black Opinion Conviction after pleading guilty to criminal possession of a financial transaction card is vacated; case remanded 
      Feb 27, 2017 43293/43294 State v. Jose Luis Sanchez Substitute Opinion Sexual abuse / lewd conduct convictions - child under sixteen
      Feb 21, 2017 43795 State v. Daniel Montgomery Opinion PET/REVIEW GRANTED - Unlawful discharge of a firearm

      Feb 17, 2017

      43805 State v. Anthony Robert Bonilla Opinion Possession of methamphetamine; motion to suppress denied

      Feb 14, 2017

      43107 State v. Gregory Wayne Powell Opinion Appeal from order denying motion to suppress in lewd conduct case.

      Feb 9, 2017

      43934 State v. Sean Anthony Thomas Opinion Rule 35 motion for reduction of sentence

      Feb 9, 2017

      44184 Rodney Gene Blackburn, Jr. v. State Opinion POST-CONVICTION - ineffective assistance

      Feb 9, 2017

      42985 State v. Gabriel Ortega-Vastida Opinion

      State appeals order granting motion to suppress.

      Feb 3, 2017

      44098 State v. Marvie J. Treageagle Opinion

      Appeal from denial of motion to suppress (marijuana)

      Feb 2, 2017

      43537 Stacey Lewis Grove v. State Opinion

      POST-CONVICTION - claim of prosecutorial misconduct

      Feb 2, 2017

      44015/44016 Gilberto Garza, Jr. v. State Opinion

      PET/REVIEW GRANTED -  -POST-CONVICTION - ineffective assistance

      Jan 27, 2017

      44115 Kerry Stephen Thomas v. State Opinion

      POST-CONVICTION - Claim for ineffective assistance of counsel for failure to investigate the affirmative defense of medical advice. (transfer of bodily fluid)

      Jan 25, 2017

      44001-44002 State v. Trevor Glenn Lee Opinion

      PET/REVIEW GRANTED - Appeal from order denying motion to suppress; methamphetamine

      Jan 18, 2017

      43257 State v. Lawrence R. Lutton Opinion

      Motion to suppress results of warrantless blood draw; vehicular manslaughter

      Jan 13, 2017

      43720/43721 State v. Bryann Kristine Lemmons Opinion

      Trafficking methamphetamine

      Jan 11, 2017

      43917 State v. Corey Dale Young Opinion

      PET/REVIEW GRANTED - Credit for Time Served

      Dec 12, 2016

      43577 State v. Enrique Lomeli Rodriguez Opinion

      Domestic battery; no-contact

      Dec 9, 2016

      43857 State v. Jessica Elaine Starr Opinion

      Possession of marijuana and drug paraphernalia

      Dec 8, 2016

      43438 State v. Anthony Wayne Conner Opinion

      Second degree murder

      Dec 8, 2016

      43259 State v. Aman Gas Opinion

      Battery

      Dec 5, 2016

      43013 State v. Matthew Elliot Cohagan Opinion

      PET/REVIEW GRANTED - Order denying motion to suppress reversed

      Nov 21, 2016

      43254 State v. Patrick Segundo Oar Opinion Grand theft by extortion

      Nov 16, 2016

      43751 State v. Osvaldo Guadalupe Arenas Opinion Deny Motion to Suppress re: statement made before Miarana rights given

      Nov 9, 2016

      43948 State v. Scott Alan Moore Opinion Motion to reduce felony to misdemeanor denied

      Nov 9, 2016

      43453 State v. Robert Eugene Stewart Opinion Restitution

      Nov 4, 2016

      43443 State v. Douglas Raymond Colvin Opinion Second degree murder

      Nov 4, 2016

      42920 Clayton Robert Adams v. State Opinion POST-CONVICTION Second degree murder

      Oct 24, 2016

      42795 State v. LDonna Marie Youmans Opinion Burglary; attempted burglary and possession of controlled substance.

      Oct 21, 2016

      43356 State v. Daniel Jensen Opinion Poisoning. Minor waived into adult court.

      Oct 21, 2016

      43706 State v. Daniel Joseph Smith Substitute Opinion Appeal from order denying appointment of counsel / Rule 35 reduction of sentence.

      Oct 18, 2016

      41590 State v. Jeffery Alan Baker Opinion First-degree murder

      Oct 5, 2016

      43316 State v. Kathryn Laura Blake Opinion Conspiracy to commit grand theft by extortion.

      Sept 28, 2016

      43367 State v. William Scott Demint Opinion Trafficking, methamphetamine, illegal firearm.

      Sept 27, 2016

      42396 State v. Alden Lamar Hoagland, Jr. Opinion Appeal from denial of Rule 35 motion.

      Sept 12, 2016

      43357 State v. Scott Jeffery Sams Opinion Disturbing the peace

      Sept 12, 2016

      43336 Johnny Jay Diamond v. State Opinion POST-CONVICTION (robbery)

      Sept 1, 2016

      43354 State v. Everett C. Gottardi Opinion Appeal from denial of motion to suppress

      Sept 1, 2016

      42716 State v. Cody Sellers Opinion Felony Injury to a child

      Aug 26, 2016

      43129 State v. Chad Lee Williams Substitute Opinion The Court's prior Opinion issued June 16, 2016 has been withdrawn. (Motion to Suppress)

      Aug 23, 2016

      43691 State v. Spencer Newell Breese Opinion Appeal from denial of motion to suppress. (Trafficking in marijuana)

      Aug 10, 2016

      43551 Jimmy D. Leytham v. State Opinion Appeal from judgment summarily dismissing petition for post-conviction relief. (Forgery)

      Aug 4, 2016

      43556/57/58/59/60 State v. Carlos Orlando Zamora Opinion Possession of controlled substance, drug paraphernalia, domestic battery, violation of no- contact order.

      Aug 4, 2016

      42390 State v. Tricia Franklin Opinion Appeal from denial of motion to suppress.  (DUI)

      July 27, 2016

      43553 State v. Thomas Townsend Opinion Warrantless blood draw

      July 18, 2016

      43520 State v. Lacy Starr Luna Opinion OPINON VACATED - Supreme Court Order August 29, 2016.

      July 15, 2016

      43044 State v. Jerome Nathaniel Harris Opinion Attempted first degree arson. Harris challenges the persistent violator conviction.

      July 6, 2016

       43750  Alesha Ann Green v. State Opinion  POST-CONVICTION; trafficking in methamphetamine.

      July 6, 2016

      42968 State v. Eric Michael Ross Opinion Ross challenges the denial of a motion to suppress in a conviction for unlawful possession of a firearm and trafficking in methamphetamine.

      June 30, 2016

      43171 State v. James Edwin Wolfe Opinion Motion to supress

      June 30, 2016

      42688 State v. Joshua A. Riggins Opinion Appeal from reversal of an order granting motion to withdraw guilty plea

      June 24, 2016

      43299 State v. Michael Sean Harrison Opinion Motion to suppress

      June 24, 2016

      43109 State v. Christina Rose Wisdom Opinion PET/REVIEW GRANTED - Restitution

      June 23, 2016

      43549 State v. James Greer Daly Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 44383 (On appeal, did the district court abuse discretion in denying motions for substitute counsel and a continuance)

      June 23, 2016

      42941 State v. Ana Giselle Herreman-Garcia Opinion Grand theft & forgery

      June 16, 2016

      43392 State v. James Lewis Kelley Opinion Motion to suppress

      June 16, 2016

      43342

      State v. Nancy M. Hartsock

      Opinion

      Drawing checks without funds

      June 15, 2016

      42905

      State v. Keith A. Brown

      Opinion

      Appeal from denial of motion to suppress

      June 14, 2016

      41578

      State v. Robert Benjamin Brackett

      Substitute Opinion

      Possession of sexually exploitative material and sexual battery on a minor child.

       

      June 09, 2016

      42730

      State v. Victor Garcia-Rodriguez

      Opinion

      PET/REVIEW GRANTED - Order Granting Motion to Suppress, is vacated and case remanded.

      June 08, 2016

      43334

      Cody James Fortin v. State

      Opinion

       

      Judgment summarily dismissing petition for post-conviction relief is affirmed.

      June 08, 2016

      42923

      State v. Samuel C. Neyhart

      Opinion

       

      Judgment of conviction for three counts of lewd conduct is affirmed.

      May 12, 2016

      43292

      Tarango Deforest Padilla v. State

      Opinion

       

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 44307 (Petition for post-conviction relief; Grand theft)

      May 6, 2016

      43075 Albert A. Ciccone v. State Opinion

      Appeal from dismissal of successive petition for post-conviction relief.

      Apr 29, 2016

      43112 State v. Daniel Chernobieff Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 44259 (Motion to suppress blood test results - warrantless blood draw)

      Apr 19, 2016

      42090 State v. Laura Lee Smith Opinion

      SECOND SUBSTITUTE:  PET/REVIEW GRANTED - Cont'd in SC Docket No. 44308 (Aiding and abetting in the delivery of a controlled substance)

       

      Apr 14, 2016

      42777 State v. Toby Glenn Weatherly Opinion

      Grand theft

      Apr 6, 2016

      42666 State v. Jeffrey B. Melling Opinion

      State appeals order granting motion to suppress evidence.

      Mar 31, 2016

      42994 State v. Carlos Adrian Cruz-Romero Opinion

      Felony DUI

      Mar 25, 2016

      42557 Lawrence James Crow v. State Opinion

      POST-CONVICTION Petition for relief denied

      Mar 25, 2016

      43241 State v. Cameron David Harer Opinion

      State appeals partial denial of restitution.

      Mar 22, 2016

      42915 State v. Andrew C. Keys Opinion

      State's appeal from Order granting motion for reconsideration and setting aside restitution order.

      Mar 17, 2016

      42410 State v. Jesse Jay Weeks Opinion

      Burglary

      Mar 14, 2016

      43213 State v. Sonny Charles Rome Opinion

      Appeal from conviction of aiding and abetting (burglary)

      Mar 9, 2016

      43441 State v. Sterling Gene Brand Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 44221 (Appeal from denial of Rule 35 Motion - credit for time served)

      Mar 2, 2016

      42491 State v. David N. Burggraf Opinion

      Appeal from order granting restitution and the denial of reconsideration and Rule 35 motions.

      Mar 1, 2016

      42628 State v. Jamie Lee Nelson (Rinehart) Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 44177 (Appeal from order for restitution)

      Feb 26, 2016

      42858 Troy Dwayne Payne v. State Opinion

      POST-CONVICTION - ineffective assistance of trial counsel

       Feb 25, 2016

      42572 State v. Conner Blaine Hoy

      Opinion 

       Robbery & aggravated assault

      Feb 25, 2016

      42806 State v. Brian Ellis Neal

      Opinion 

      The State appeals from judgment granting motion to suppress.

      Feb 23, 2016

      43077 State v. James W. Clark

      Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 44123 (Misdemeanor trespass)

      Feb 18, 2016 

      42554 State v. Vernon Craig Pelland

      Opinion 

       Grand theft by possession

       Feb 16, 2016

      43092 State v. Anthony Kyle Smith

      Opinion 

      Appeal from order denying motion to suppress.

       Feb 12, 2016

      43123 State v. Michael P. Martin

      Opinion 

      Appeal from order denying motion for credit for time served.

      Feb 10, 2016 

      42506 Joshua McGiboney v. State

      Opinion 

      POST-CONVICTION Robbery, aggravated battery, burglary, possession of a firearm

      Feb 10, 2016 

      43263 State v. Kevin Donald Cheatham

       Opinion

      Appeal from order denying motion to amend judgment (grand theft by possession of stolen property)

       Jan 27, 2016

      42780 Alik G. Takhsilov v. State

      Opinion

      POST-CONVICTION Robbery; burglary

       Jan 27, 2016 

      42769 State v. Dennis James Garner

      Opinion

       Battery on a correctional officer

       Jan 14, 2016

      43055 State v. John Scott Meier

      Opinion

      Appeal from denial of Rule 35 Motion Re sentence for possession of sexually exploitative material

      Jan 8, 2016 

      42321 State v. John Patrick Linze, Jr.

      Opinion 

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 43960 (Appeal from denial of motion to suppress)

       Jan 7, 2016

      42637 State v. Natasha Lynn Bly

      Opinion

      Appeal from denial of motion to suppress

      Jan 6, 2016

      42790 State v. Lori Elizabeth Lovely

      Opinion

      Appeal from denial of motion to suppress

      Dec 31, 2015

      43388 State v. James Butler Ramsey

      Opinion

      Appeal from Order denying Rule 35 Motion to correct illegal sentence for robbery, grand theft and aggravated assault.

      Dec 31, 2015

      42362 State v. Jose Antonio Ruiz

       Opinion

      Lewd conduct with a minor; sexual abuse of a child

      Dec 31, 2015

      41834 Tyrell Ramsey v. State

       Opinion

      SUBSTITUTE OPINION.  POST-CONVICTION (rape and battery)

      Dec 23, 2015 

      42848 State v. Brian W. Pierce

      Opinion

      State appeals district court vacating judgment of conviction for violating a domestic violence protection order.

      Dec 15, 2015 

      42340 Gary W. Mallory, II v. State

      Opinion 

       POST-CONVICTION (murder)

      Dec 10, 2015 

      42436 State v. Emil Mercado

       Opinion

       Lewd conduct with a minor.

      Dec 9, 2015 

      42363 State v. Keith L. Case

       Opinion

       Motion to suppress

      Dec 8, 2015

      42335 State v. Scott Lewis Ostler

       Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 43915 (Lewd conduct with a minor)

      Dec 4, 2015

      41916 State v. William Dee Van Komen, Jr.

       Opinion

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 43939 (Appeal from order relinquishing jurisdiction; possession of a controlled substance)

      Dec 4, 2015

      42098 State v. Marcos Apollo Jimenez

      Opinion  

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 43938 (Sexual battery of a minor)

      Nov 20, 2015

      42498 Mitchell James Bias v. State

      Opinion 

      POST-CONVICTION: Conspiracy to commit robbery and burglary.

      Nov 17, 2015 

      41730 State v. Arnold Dean Anderson

      Opinion

      Possession of controlled substance; denial of motion to suppress and denial of Rule 35 motion to reduce sentence.

       Nov 10, 2015

      42680 State v. Thomas C. Kelley

      Opinion 

       Trafficking - marijuana

       Nov 6, 2015

      42655 State v. Michel J. Walker

      Opinion

      Appeal from order granting State's motion to reconsider reduction of sentence.

       Nov 4, 2015

      42749 State v. Jacob Steven Davis

       Opinion

       Motion to suppress.

       Nov 4, 2015

      42799 State v. Rey Alfredo Ornelas  Opinion

      Appeal from the decision denying Batson challenge.

       Nov 2, 2015

      42095 Wally Kay Schultz v. State Opinion

       POST-CONVICTION (battery)

      Oct 30, 2015

      42636 State v. Wayne Ray Floyd  Opinion

       Possession of controlled substance; motion to suppress

      Oct 29, 2015

      42532 State v. Michael Brian Wilson Opinion

      aggravated assault with intent to promote gang activity

      Oct 21, 2015

      40916 State v. Robert Dean Hall Opinion 

      PET/REVIEW GRANTED - Cont'd in SC Docket No. 43874 (Second-degree murder) 

       Oct 20, 2015

      42525 State v. Joseph R. Rockstahl   Opinion

       Disturbing the peace; exhibiting a deadly weapon

       Oct 14, 2015

      40999 State v. Doris Nepa Hays  Opinion

      State appeals district court order granting motion to suppress.

       Oct 7, 2015

      42242 Christopher A. Pentico v. State  Opinion

       POST-CONVICTION (tresspass)

       Oct 2, 2015

      42155 State v. Juan Roberto Jimenez  Opinion

       Aggravated battery

       Oct 1, 2015

      41740 Peter Trejo Mora v. State Opinion 

       POST-CONVICTION (rape)

       Sept 24, 2015

      42682 Jonna Lynn Bobeck v. Transportation  Opinion

       Driver's license suspension

       Sept 16, 2015

      42198 State v. Jose Luis Villavicencio Opinion 

      State appeals amended judgment modifying probation terms. 

       Sept 8, 2015

      42691 State v. Jon Steven Huffaker Opinion 

      State appeals order suppressing oral and written statements. 

       Sept 3, 2015

      42447 State v. Stephen P. Rozajewski  Opinion

       Unlawful possession of a firearm.

       August 26, 2015

      42097 State v. Freddie Anthony Naranjo Opinion 

       Motion to suppress.

       August 24, 2015

      41942 Cullen R. Sims v. State  Opinion

      Appeal from dismissal of motion to suppress blood test results.

      August 17, 2015

      42277 State v. Kerry Allen Howell Opinion 

       Burglary

      August 14, 2015

      42787 State v. Scott Andrew Kinch Opinion

      Denial of Motion to Suppress

      August 14, 2015

      42153 Richard Myers Caldwell V. State Opinion

      POST-CONVICTION.  Ineffective counsel

       July 30, 2015

      42699 State v. Karlie Lynn Meyer Opinion  

      Possession of methamphetamine.

       July 22, 2015

      42377 State v. Joseph Alan Knight   ORDER

      OPINION VACATED. SEE ATTACHED ORDER (Possession of controlled substance) 

       July 21, 2015

      42160 Diego Peregrina v. State Opinion 

      POST-CONVICTION.  Aggravated battery. 

       July 17, 2015

      41902 State v. Shayne Ray Burgess Opinion 

       Aggravated assault.

       July 14, 2015

      40767 State v. Terry Lin Smith  Opinion

       Lewd conduct with minor under sixteen.

       July 9, 2015

      42405 State v. Scott Alan Moore  Opinion

      Appeal from denial of motion to reduce felony to a misdemeanor.

       July 9, 2015

      41671 State v. Edward Ray Christensen  Opinion

      Motion to suppress possession of controlled substance.

       July 7, 2015

      42115 State v. Robert Michael Williston  Opinion

       Attempted strangulation.

       July 7, 2015

      42022 State v. Tristum Beeks, II  Opinion

       No-contact order.

       July 6, 2015

      41831 State v. Ashli Marie Easterday Opinion

      Motion to suppress possession of controlled substance. 

       June 24, 2015

      42229 State v. Jason Ephriam Rowland Opinion

      Motion to suppress possession of controlled substance.

       June 24, 2015

      42420 State v. Jacob Taylor Rainier  Opinion

       Possession of marijuana with intent to deliver.

       June 19, 2015

      42397 State v. Kurtis Thomas Kelly Opinion 

       Battery on a law enforcement officer

       June 15, 2015

      41661 State v. Kenneth Randall Smith   Opinion

      Aggravated assault; aggravated battery; DUI; possession of methamphetamine.

      June 15, 2015

      42070 State v. Michael Douglas White   Opinion

       Appeal from order revoking probation

      May 29, 2015

      41981 State v. Heather Lynn Heard  Opinion

      Appeal from denial of suppression motion

       May 28, 2015

      42169 State v. Dona Nichoeal Westlake Opinion 

      State's appeal from order granting suppression motion

       May 27, 2015

      41995 Juan Manuel Arellano v. State Opinion  

       POST-CONVICTION - Ineffective assistance of defense counsel claim

      May 22, 2015

      41790 State v. Russell Glenn Davis Opinion

      Possession of controlled substance with intent to deliver.  

      May 19, 2015

      41821-41822 State v. Leroy S. Wilske Opinion 

       DUI (alcohol); possession of controlled substance; possession of drug paraphernalia.

      May 15, 2015

      40759 State v. Justin Lee Wilson Opinion 

       Appeal from denial of motions to exclude witness & to continue trial. (DUI)

      May 15, 2015

      42103 State v. Domingo Jesus Diaz Opinion  

      SUBSTITUTE OPINON - Battery and assault with the intent to commit rape. The Court's prior OPINION dated May 6, 2015 is WITHDRAWN.

      May 13, 2015 

      41677 Richard Joseph Wagner v. State Opinion

      The Court's prior UNPUBLISHED Opinion issued March 4, 2015 is WITHDRAWN. (Lewd conduct with a child under 16)

      May 13, 2015

      41675 State v. Corey Steven Kubat Opinion  Possession of controlled substance

      May 4, 2015

      41549 State v. John Joseph Fairchild Opinion Grand theft
      Apr 27, 2015 41414 Robert Terry Johnson v. State Opinion  Post-Conviction. First-degree murder
      Apr 8, 2015 41063 State v. Brant Lee Eversole Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 43277 (DUI; motion to suppress; warrantless blood draw)
      Apr 7, 2015 41913 State v. Wade Allen Tomlinson Opinion DUI  (breath alcohol test results)
      Apr 6, 2015 42202 State v. Jodie Marie Edwards Opinion Possession of a controlled substance
      Apr 2, 2015 41603 State v. Brian Neil Pratt Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 43383 (Delivery & trafficking of a controlled substance)
      Mar 30, 2015 41497 State v. Gerald K. Umphenour Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 43286 (Possession  Methamphetamine)
      Mar 13, 2015 41824 State v. Kelsey Rose Hopkins  Opinion SUBSTITUTE OPINION - Malicious injury to property
      Feb 25, 2015 41832 State v. Victoria Bea Morin  Opinion Driving under the influence of drugs
      Feb 25, 2015 41594 State v. Angela Marie Boehm  Opinion DUI without privileges
      Feb 18, 2015 41933 State v. Richard Glenn Morris  Opinion  Motion to suppress
      Feb 17, 2015 40038 State v. Matthew James Gonzales  Opinion Motion to withdraw guilty plea - folony injury to a child
      Feb 13, 2015 41539 State v. Dwayne Allan Bradley Opinion Trafficking - methamphetamine
      Feb 12, 2015 41458 State v. Dustin Thomas Armstrong Opinion Motion to suppress
      Feb 11, 2015 41890 Haris Keserovic v. State Opinion Post-Conviction.  A plea of guilty to an aggravated felony resulted in deportation. State appeals from reversal of grant for summary dismissal of petition for PC relief
      Jan 15, 2015 41288 State v. Russell Allen Passons Opinion Aggravated assault & burglary
      Jan 13, 2015 41240 Dennis Raymond Heilman v. State Opinion Appeal from summary dismissal of successive petition for post-conviction relief.  - Rape / aggravated assault
      Jan 8, 2015 42024 State v. Michelle Alece Mace Opinion Appeal from order rescinding credit for time served
      Dec 23, 2014 41772/41773 Tarango DeForest Padilla v. State Opinion Post-Conviction - Ineffective assistance
      Dec 19, 2014 41462 State v. Jonathan A. Collins Opinion Lewd conduct with minor under sixteen
      Dec 19, 2014 41236 State v. James D. Kirk Opinion Lewd conduct with minor under sixteen
      Dec 17, 2014 41862 State v. Murray Casey Carter Opinion DUI; felony eluding
      Dec 16, 2014 41762 State v. Gaylord Jay Colvin Opinion State appeals from district court's reversal of magistrate's order denying motion to suppress
      Dec 10, 2014 41997-41998 State v. John Huey Daniels Opinion State appeals from district court's dismissal of appeals in the decision to dismiss the complaint charging destruction of insured property
      Dec 4, 2014 41892 State v. Shepherd Reale Opinion Sexual abuse of a child under sixteen; restitution order
      Dec 4, 2014 41015 State v. John M. Barber Opinion Possession of marijuana
      Dec 3, 2014 40855 State v. Tami Marie Southwick Opinion Possession of methamphetamine
      Dec 3, 2014 40895 State v. Kirk Julliard Gosch Opinion Manufacturing of, possession of and intent to deliver marijuana
      Nov 25, 2014 40733 State v. Arthur Gene Schmierer Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 43140 (Enticing children over the internet)
      Nov 20, 2014 39622 State v. Jonathan Earl Folk Opinion Lewd conduct with child under sixteen
      Nov 12, 2014 41173 State v. Robert Louis Stevenson Opinion Order denying motion for credit for time served
      Nov 6, 2014 41221 State v. Jay Alton Roach Opinion DUI - Order excluding expert testimony
      Nov 6, 2014 40930 State v. William Jack Bias Opinion DUI
      Nov 3, 2014 40091 State v. Richard Allen Larson Opinion SUBSTITUTE OPINION. Aggravated Assault.  Prior Opinion of 8/15/14 is WITHDRAWN.
      October 31, 2014 41365 State v. Jeffrey J. Hughes Opinion State appeals dismissal of two felony counts - taking wildlife
      October 30, 2014 41533 State v. Junior Larry Hillbroom Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42816 (No contact order)
      October 22, 2014 40915/41205 State v. Aaron Louis Bitkoff Opinion Credit for time served
      October 22, 2014 40751 Ernesto Garza Lopez Opinion Post Conviction - Felony domestic batery
      October 22, 2014 40824 Michael Parvin v. State Opinion Post Conviction - Lewd conduct with a child under sixteen
      October 20, 2014 41923 State v. Christopher D. Griffith Opinion Motion to correct illegal sentence - First Degree Murder
               
      October 15, 2014 41534 State v. Nathan David Neal Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42729 (Order suppressing evidence)
      October 10, 2014 40769 Larry Severson v. State Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42830 (First Degree Murder)
      October 8, 2014 41431 State v. Justin Lee Pedersen Opinion Motion to suppress
      October 8, 2014 40661/40828 Gregory Joseph Nelson v. State Opinion Kidnapping; lewd conduct with a minor
      October 8, 2014 41241 State v. Richard L. Beck Opinion Motion to suppress
      October 2, 2014 41535 State v. Alfredo Lopez Rocha Opinion DUI
      Sept 29, 2014 40682 State v. Anthony Edward Ortega - Opinion Felony injury to a child
      Sept 24, 2014 41541 State v. Troy Cameron Young - Opinion Domestic battery in the presence of a child
      Sept 24, 2014 41660 State v. Jeffrey Alan Denny - Opinion Credit for time served
      Sept 24, 2014 41046 State v. Matthew O. Brooks - Opinion Possession of controlled substance
      Sept 24, 2014 40662 State v. Justin B. Miller - Opinion Aggravated assault & battery
      Sept 18, 2014 41489 State v. Big Dawg - Opinion Bail Bonds appeals partial exoneration
      Sept 8, 2014 39745 Daniel Lee Dixon v. State - Opinion Post Conviction - Lewd conduct with a minor under sixteen
      Sept 2, 2014 41358 State v. Marvin Orellana-Castro - Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42671 (Lewd conduct and sexual abuse of a minor)
      Sept 2, 2014 41449 Sean M. Cook v. State - Opinion State appeals judgment granting Post Conviction relief
      Aug 22, 2014 41114 State v. Andrew Taylor - Opinion Possession - Meth
      Aug 22, 2014 41147 State v. Connor G. Spies - Opinion Motion to suppress - Possession
      Aug 22, 2014 40777 Popoca-Garcia v. State - Opinion Substitute Opinion - Appeal from denial of Post Conviction petition for relief from plea resulting in deportation.
      Aug 20, 2014 39672 State v. Gutierrez-Medina - Opinion Post Conviction - Delivery of controlled substance
      Aug 20, 2014 41161 State v. Doe (13-14) - Opinion Juvenile - Malicious injury to proerty
      Aug 13, 2014 41499 James Dee Olsen v. State - Opinion Post Conviction - DUI
      Aug 12, 2014 41378 State v. Michael Jay Freitas - Opinion Transferring water in violation of city ordinance
      July 30, 2014 40291 State v. Benjamin Patrick Dugan - Opinion Injuring jails
      July 24, 2014 39876 State v. Rey Alfredo Ornelas - Opinion Lewd conduct with minor child
      July 24, 2014 41428 State v. Desiree B. Eliasen - Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42486 (Second degree stalking)
      July 24, 2014 40475 State v. George Alan Kapelle - Opinion

      This is a Substitute Opinion.  Denial of motion to suppress

      July 18, 2014 40963 Harvey L. Mahler v. State - Opinion Post Conviction - Lewd conduct with a minor
      July 18, 2014 41235 Lee Edd Green, Jr. v. State - Opinion Post Conviction - Lewd conduct with a minor
      July 10, 2014 41402 State v. Dennis Earl Hiebert - Opinion Possession of controlled substance
      July 10, 2014 41165 State v. Lloyd Hardin McNeil - Opinion Order of restitution
      July 9, 2014 41270 State v. Christopher T. Weaver - Opinion Order of restitution
      July 3, 2014 41325 State v. Heidi H. Swenson  -Opinion DUI-Administration of breath test
      July 2, 2014 40924 Marc Edward Klein v. State - Opinion Post Conviction - Vehicular manslaughter
      June 30, 2014 39161 State v. Arlyn V. Orr - Opinion DUI
      June 13, 2014 39847 State v. Martin Edmo Ish - Opinion Controlled Sub.
      May 30, 2014 40720 State v. Shawn O'Shay Davis, II - Opinion Grand Theft
      May 23, 2014 41168 State v. Johnson - Opinion State's Appeal of Acquittal
      May 22, 2014 40419 State v. Allen Keith Clontz - Opinion DUI
      May 20, 2014 41158 State v. Jose Perez-Jungo - Opinion Controlled Sub.
      May 19, 2014 40941 State v. Kenny Struhs - Opinion PET/REVIEW GRANTED - Cont'd in SC Docket No. 42357 (Vehicular Manslaughter)
      May 12, 2014 40696 State v. Allen - Opinion Motions for Relief and to Seal
      May 12, 2014 40175 State v. Ruggiero - Opinion State Appeals Dismissal SUB
      May 7, 2014 41212 State v. Stephen D. L'Abbe - Opinion Speeding
      May 6, 2014 40950 State v. Mark C. Hunter - Opinion Motion to Suppress - DUI
      Apr 30, 2014 40026  State v. Hamlin  Opinion  Sexual Abuse - Vulnerable
      Apr 25, 2014 39207 Woodrow Grant v. State Opinion Post Conviction - Battery
      Apr 22, 2014 39684 State v. Frank D. Marks Opinion Lewd Conduct
      Apr 18, 2014 40985 State v. Kevin Michael Nicolescu Opinion DUI
      Apr 17, 2014 40423 State v. Santos Tena Opinion Controlled Sub.
      Apr 1, 2014 40995 State v. Nikolas Sherman Opinion Controlled Sub.
      Mar 28, 2014 40222   State v. Wayne D. Anderson Opinion  Lewd Conduct
      Mar 27, 2014 39547 Miguel C. Joyner v. State Opinion No Contact (PC)
      Mar 26, 2014 39529 State v. Valentin Calvillo Opinion Lewd Conduct
      Mar 26, 2014 40811 Cecil G. Daniels v. State Opinion DUI
      Mar 25, 2014 40544 State v. Robert Javier Garcia, Jr. Opinion  
      Mar 17, 2014 40471/40472 Kent Hall v. State Opinion Post-Conviction - Possession
      Mar 10, 2014 40506 State v. Jacob M. Torrez Opinion Aggravated DUI
      Feb 28, 2014   40223/40224     State v. Rafael Galvan Opinion   Stalking
      Feb 28, 2014  40718   State v. Gregory Scott McAmis Opinion  Grand Theft
      Feb 24, 2014   38123 State v. Timothy Nichols  Opinion Statutory Rape 
      Feb 21, 2014   40289 State v. Derek Edward Moad  Opinion  Male Rape
      Feb 20, 2014 40503 State v. Pierre J. Saviers Opinion No-Contact
      Feb 11, 2014 40416 State v. Bryce S. Mendel Opinion Controlled Sub
      Feb 11, 2014 40428 State v. Morgan C. Alley Opinion Controlled Sub
      Feb 10, 2014 40241 State v. Rhonda Trusdall Opinion DUI
      Feb 10, 2014 39933 State v. Brandon Eddins Opinion Assault
      Feb 5, 2014 40673 State v. Albert Ray Moore Opinion Credit for Time Served
      Feb 4, 2014 39811 State v. Martin C. Cardoza Opinion Trafficking
      Feb 4, 2014 39255/40628 State v. Lee Odell Fair Opinion Assault
        Jan 24, 2014  40616    State v. Charles A. Vaughn, Jr. Opinion No Contact  
      Jan 17, 2014   39219  State v. Kristi L. Hurles Opinion PETITION FOR REVIEW GRANTED - Cont'd SC Docket No. 42205 (Grand Theft)
      Jan 10, 2014   40477  State v. Teddy Edghill Opinion [SUBSTITUTE] 
      Jan 10, 2014   40634  State v. Jacob Jerome Buck Opinion  Possession
      Jan 6, 2014 40359 State v. Joseph Thomas Iverson Opinion Battery
      Dec 30, 2013  39426/39427 State v. Chase Dalton Gillespie  Opinion  Sexually Exploitative
      Dec 30, 2013 40353 Wally Kay Schultz v. State Opinion Post-Conviction
      Dec 23, 2013 39484/39485/39486 State v. Shawn M. Kesling Opinion Order Revoking Probation
      Dec 19, 2013 40239 State v. Derek W. Howard Opinion Motion to Suppress
      Dec 12, 2013 40417 Gregory S. McAmis v. State Opinion Grand Theft
      Dec 10, 2013 39908 State v. Daniel L. Widner Opinion Trafficking
      Dec 10, 2013 39218 Edward Stevens v. State Opinion Post-Conviction
      Nov 26, 2013 39903  State v. Donald Houser  Opinion Assault 
      Nov 21, 2013 38554 State v. Darren Carmouche Opinion Battery
      Nov 14, 2013 39287 State v. Franklin Osterhoudt Opinion Rape
      Nov 14, 2013 38896 State v. William Franklin Wolfe Opinion [Substitute Opinion] PETITION FOR REVIEW GRANTED - Cont'd SC Docket No. 41750 (Rule 35)
      Nov 12, 2013 40135 State v. Juan L. Juarez Opinion DUI
      Nov 8, 2013 39881 State v. Lloyd Hardin McNeil Opinion Manslaughter
      Oct 25, 2013 39954  State v. Garry K. Widmyer Opinion Lewd Conduct 
      Oct 25, 2013 39943 State v. J. Bradshaw Opinion Destruction of Evidence
      Oct 22, 2013 40069 State v. Kori Lynn Ward Opinion Order Supressing
      Oct 22, 2013 39284 State v. Daniel & Kathleen Bergerud Opinion  Drug offense; harmless error
      Oct 7, 2013 40165 State v. Ricardo Ozuna, Jr. Opinion Lewd
      Sept 19, 2013 39226   State v. Mark L. Ellis Opinion  Motion to Supress
      Sept 6, 2013 38347 State v. Keith Allan Brown Opinion Manslaughter
      Sept 6, 2013 39682/39683 State v. Moses Olivas, Jr.  Opinion PET/REVIEW GRANTED - Cont'd SC Docket No. 41644 (Sex Offender)
      Sept 5, 2013 39891 State v. Gary L. Schall Opinion PET/REVIEW GRANTED - Cont'd SC Docket No. 41645 (DUI)
      July 23, 2013 38813  State v. Tankovich Opinion  Malicious Harrassment
      July 17, 2013 36427 State v. Leotis B. Branigh, III Opinion Murder
      July 12, 2013 39139 State v. Elias Opinion

      PET/REVIEW GRANTED - Cont'd SC Docket No. 41477 (Forcible Penetration)

      July 11, 2013 40244 State v. Tracy Lorene Davis Opinion DUI