The Idaho Supreme Court and Idaho Court of Appeals cited opinions are made available on the Internet 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. All cited opinions are removed from this site upon release of the published volume.

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.

Idaho Court of Appeals Opinions - Criminal

List of Idaho Court of Appeals criminal opinions by release date:

  1. May 15, 2008 – David E. Curless v. State of Idaho – Petition for post-conviction relief on two counts of lewd conduct with minors under 16
  2. May 13, 2008 – State of Idaho v. Charles T. Warburton – Conspiracy to deliver controlled substance
  3. May 13, 2008 – State of Idaho v. Benjamin Savage – Unlawful transportation of an alcoholic beverage
  4. May 8, 2008 – State of Idaho v. Christopher Allen Sanchez – Probation revoked
  5. May 6, 2008 – Lonnie Lee Haggard v. State of Idaho – Motion to correct illegal sentence – burglary, aggravated battery w/intent to rape, petit theft SUBSTITUTE – 2/11/08 Withdrawn
  6. April 30, 2008 – Eusebio Nevarez v. State of Idaho – Petition for post-conviction relief – conspiracy to traffic in methamphetamine
  7. April 29, 2008 – State of Idaho v. Shawn Patrick Dewitt – Motion to suppress evidence
  8. April 25, 2008 – Kevin Piro v. State of Idaho – Application for post-conviction relief – lewd conduct
  9. April 22, 2008 – State of Idaho v. Jennifer Elizabeth Edney – Trafficking in methamphetamine
  10. April 22, 2008 – James Monahan v. State of Idaho – Application for post-conviction relief – aggravated battery
  11. April 17, 2008 – State of Idaho v. Raudel Salazar-Garcia – Motion to withdraw guilty plea on grand theft charge
  12. April 14, 2008 – State of Idaho v. Jimmy Thomas Glass – Enticing a child over the Internet
  13. March 28, 2008 – State of Idaho v. Jeffory A. Stewart – Motion to suppress evidence
  14. March 27, 2008 – State of Idaho v. Edwardo Izaguirre – Second degree murder
  15. March 25, 2008 – State of Idaho v. Michael E. Bryan – Operating a commercial vehicle in excess of allowable limits
  16. March 14, 2008 – State of Idaho v. Steven James Cook – Grand theft by deception
  17. March 10, 2008 – State of Idaho v. Kim Brent Taylor – Motion for credit for time served and petition for post-conviction relief - sexual battery of a minor child
  18. March 6, 2008 – David William Hoots v. Olivia Craven – Petition for writ of habeas corpus
  19. March 6, 2008 – Scott Lee Lint v. State of Idaho – Manufacturing a controlled substance
  20. February 29, 2008 – State of Idaho v. Lucio Tinoco-Perez – Aggravated Assault AMENDED
  21. February 28, 2008 – State of Idaho v. Kathleen Ann Blanc – Felony injury to a child
  22. February 28, 2008 – State of Idaho v. William Campbell – Possession of Marijuana with intent to deliver
  23. February 28, 2008 – State of Idaho v. Maximo Chacon – Conspiracy to traffic in methamphetamine and failure to affix a drug tax stamp
  24. February 28, 2008 – Steven E. Thomas v. State of Idaho – First degree arson
  25. February 28, 2008 – State of Idaho v. Barry I. McCarthy – Possession and delivery of methamphetamine
  26. February 27, 2008 – Derek W. Hayes v. State of Idaho – Robbery – Post-Conviction relief
  27. February 26, 2008 – State of Idaho v. Lucio Tinoco-Perez – Aggravated assault WITHDRAWN
  28. February 20, 2008 – State of Idaho v. Mariano Perez, Jr., - Aggravated assault, felony injury to children, unlawful possession of a firearm
  29. February 14, 2008 – State of Idaho v. Mark Melville Mead – Leaving the scene of an injury accident
  30. February 11, 2008 – State of Idaho v. Lonnie Lee Haggard – Burglary, aggravated battery with intent to commit rape, misdemeanor petit theft and persistent violator WITHDRAWN
  31. February 6, 2008 – State of Idaho v. Myron Dale Loomis, Jr. – Aggravated assault
  32. January 29, 2008 - Linda Elaine Schwartz v. State of Idaho - Second degree murder
  33. January 23, 2008 – State of Idaho v. David D. Purdum – Possession of a controlled substance
  34. January 8, 2008 – Darryl Robin Kuehl v. State of Idaho – Application for post-conviction relief – first degree murder, grand theft and forgery
  35. January 8, 2008 – State of Idaho v. Alese Stewart-Meyers – Aiding and abetting assault
  36. January 8, 2008 – State of Idaho v. Christopher Willoughby – Driving under the influence – motion to suppress evidence
  37. January 7, 2008 – State of Idaho v. Michael Duane Allen – Driving under the influence of alcohol – SUBSTITUTE OPINION – The Court’s prior opinion dated October 24, 2007 is hereby withdrawn
  38. January 7, 2008 – State of Idaho v. Travis Eric Jones – Trafficking in methamphetamine by manufacturing
  39. January 3, 2008 – State of Idaho v. Val J. Buell – Motion to suppress evidence of performance of field sobriety tests
  40. December 19, 2007 – State of Idaho v. Robert Scott Lippert – Sexual abuse of a child under the age of sixteen years
  41. December 18, 2007 – State of Idaho v. Reggie Tietsort – The district court denied Tietsort’s motion to suppress evidence on charges of possession of methamphetamine, possession of marijuana, grand theft of a fire arm, defacing identification numbers
  42. December 18, 2007 – State of Idaho v. Denise Renee Whittle – Felony injury to a child and grand theft
  43. December 5, 2007 – Douglas E. Stuart v. State of Idaho – Felony eluding a peace officer
  44. December 5, 2007 - State of Idaho v. Christopher David Flegel – Sexual abuse of a child under the age of sixteen
  45. December 4, 2007 - State of Idaho v. Marvin Shane Bishop – Conviction for possession of controlled substance and resisting/obstructing an officer; challenges denial of motion to suppress
  46. November 30, 2007 - State of Idaho v. Troy Alton Allen – Appeal from denial of motion for additional credit for prejudgment incarceration
  47. November 30, 2007 - State of Idaho v. Jerry Wayne Laramore – Appeal from judgment of conviction for attempted strangulation
  48. November 7, 2007 - State of Idaho v. Christian F. Schmoll – Appeal from judgment of conviction for felony driving under the influence of alcohol
  49. November 2, 2007 - State of Idaho v. Jack David Yeoumans, III – Appeal from conviction for possession of a controlled substance; challenges denial of motion to suppress evidence
  50. November 2, 2007 - State of Idaho v. Frederick J. Anderson – Appeal from summary dismissal of petition for post-conviction relief AMENDED - OPINION OF 10/31/07 IS WITHDRAWN
  51. November 1, 2007 - State of Idaho v. John Doe [A Minor Under 18 Years of Age] – Appeals the intermediate appellate order of the district court affirming the magistrate’s decree that Doe fell within the purview of the Juvenile Corrections Act (JCA) for being incorrigible
  52. October 31, 2007 - State of Idaho v. Mark Allen Person – Appeal from denial of motion to correct Presentence Investigation Report and I.C.R. 35 motion for reduction of sentence
  53. October 29, 2007 - State of Idaho v. Roger Timmons – Appeal from judgment of conviction for felony injury to a child
  54. October 9, 2007 - State of Idaho v. Kelly B. Wakefield – Appeal from district court’s order modifying probation conditions by increasing monthly restitution payments
  55. October 5, 2007 - State of Idaho v. Guy Michael Cook – Appeal from judgment of conviction by jury verdict for statutory rape, delivery and possession of a controlled substance
  56. October 1, 2007 - State of Idaho v. David Joseph Meister – Appeal from judgment of conviction and sentences for first degree murder; conspiracy to commit murder and denial of new trial
  57. October 1, 2007 - State of Idaho v. James T. Rauch – Appeal from judgment of conviction for battery on a peace officer, aggravated battery on a peace officer and removing a firearm AMENDED – PRIOR OPINION ERRONEOUSLY DATED JUNE 26, 2007 IS HEREBY WITHDRAWN
  58. September 26, 2007 - State of Idaho v. Gary Lynn Morgan – Appeal from judgment of conviction by a jury verdict of guilty on two counts of lewd conduct with a minor under sixteen
  59. September 26, 2007 - State of Idaho v. Lawrence E. Gomez – Appeal from conviction for unlawful possession of a firearm, possession of methamphetamine, possession of drug paraphenalia, DUI, possession of marijuana, and a persistent violator enhancement, and challenges the DC’s denial of motion to suppress
  60. September 26, 2007 - State of Idaho v. Nathan Todd Banbury – On appeal, Banbury contends that the district court erred by failing to obtain a psychological evaluation before sentencing
  61. September 26, 2007 - State of Idaho v. David Darwin Donk – Appeal from judgment of conviction for aggravated assault with enhancement for use of a deadly weapon during the crime
  62. September 26, 2007 - State of Idaho v. Pedro Zapata-Reyes – Appeal from judgment of conviction for trafficking in methampthetamine and challenges the DC’s order denying motion to suppress evidence AMENDED – PREVIOUS OPINION OF 9/14/07 HEREBY WITHDRAWN
  63. September 18, 2007 - State of Idaho v. Daniel Earl Shook – Appeal from the district court’s denial of motion to withdraw guilty plea
  64. September 14, 2007 - State of Idaho v. Rodney G. Self, Jr. – Appeal from order summarily dismissing application for post-conviction relief
  65. September 6, 2007 - State of Idaho v. Edward John Wolfrum – Appeal from conviction of perjury for falsely claiming credentials during expert testimony
  66. August 22, 2007 - State of Idaho v. Sky J. Beebe – Appeal from conviction by jury for attempted robbery
  67. August 16, 2007 - State of Idaho v. Shyrline Rae Keene – Appeal from judgment of conviction for possession of a controlled substance
  68. August 8, 2007 - State of Idaho v. Timothy G. Braaten – Braaten appeals from the district court order relinquishing jurisdiction
  69. August 7, 2007 - State of Idaho v. Jose Alfred Gonzales – Appeal from the district court’s judgment of conviction and order of restitution
  70. August 6, 2007 – Carl Lewis Madison v. Olivia Craven, Ed Chenney and David Trial – Action against Executive Dir. of the Commission of Pardons and Parole, et al, requesting information be removed from prison record and not considered in any future parole proceedings because the information was allegedly obtained through violations of privilege against self-incrimination.
  71. August 3, 2007 - State of Idaho v. Joseph Everett Perry – Appeal from convictions for battery and sexual abuse of a child under the age of sixteen
  72. August 1, 2007 - State of Idaho v. Katherine Smith – Appeal from judgment of conviction for three counts of grand theft; order denying I.C.R. 35 motion and order of restitution
  73. July 26, 2007 – State of Idaho v. Jackson Purdie – Judgment of conviction for aggravated battery
  74. July 18, 2007 – State of Idaho v. Jeffrey Fleshman – Order denying motion to withdraw probation violation admissions
  75. July 18, 2007 – State of Idaho v. George Shumway – Order denying Rule 35 motion for reduction of sentence on a plea agreement for lewd conduct with a minor
  76. July 11, 2007 – State of Idaho v. Dylan Werner Schmitt – Judgment of conviction for possession of methamphetamine with intent to deliver
  77. July 10, 2007 – Dennis Michael Mintun v.State of Idaho – Petition for post-conviction relief following an evidentiary hearing
  78. June 22, 2007 – State of Idaho v. Tim A. Timbana– Order revoking probation, executing the underlying sentence and denying Rule 35 motion
  79. June 14, 2007 – Michael T. Hayes v. Jeff Conway, et al. – Dismissal of petition for writ of habeas corpus
  80. June 13, 2007 – State of Idaho v. Daniel Burtlow – Motion to dismiss for violation of statutory right to speedy trial
  81. June 12, 2007 – State of Idaho v. Ernesto Cruz – Motiion for suppression of evidence
  82. June 11, 2007 – Richard Earl Roeder v. State of Idaho – Petition for post-conviction relief
  83. June 8, 2007 – State of Idaho v. Nicholas Stacey Webb – Driving on a suspended license re corpus delicti of the crime
  84. June 5, 2007 – Orlando Chavez Murillo v. State of Idaho – Application for post-conviction relief
  85. June 1, 2007 – State of Idaho v. Zachary Beck and Quick Release Bail Bonds – Motion to exonerate bond
  86. May 31, 2007 – State of Idaho v. Matthew Scott Collins – Determination of the district court’s discretion re psychological evaluation of Collins prior to sentencing
  87. May 30, 2007 – State of Idaho v. Sarah Kathleen Pearce – Judgement of conviction for conspiracy to commit robbery, conspiracy to commit first degree kidnapping, aggravated battery and aiding and abetting first degree murder
  88. May 24, 2007 – State of Idaho v. Martin R. Farlow – Judgment of conviction for delivery and possession of a controlled substance
  89. May 24, 2007 – Sidney David Dopp v. Idaho Commission of Pardons and Parole, Olivia Craven – Dismissal of petition for writ of habeas corpus
  90. May 23, 2007 – State of Idaho v. Christina D. Metzger – Judgment of conviction for possession of methamphetamine
  91. May 22, 2007 – State of Idaho v. Michael Theron Hayes - Motion for a new trial on one count of lewd conduct with a minor.
  92. May 17, 2007 – State of Idaho v. Isaac Burton Williamson – Intermediate appellate order of the district court re judgment of conviction for exceeding the speed limit
  93. May 16, 2007 – State of Idaho v. Miguel Angel Lopez – Motion to dismiss re alleged violation of right to speedy trial.
  94. May 15, 2007 – State of Idaho v. Juliana Mildred Salois – Motion to suppress evidence obtained during traffic stop
  95. May 7, 2007 – Ruth Cheeney v. State of Idaho – Order and judgments of restitution – re substantial evidence that parties incurred an economic loss
  96. May 2, 2007 – David Knutsen v. State of Idaho – Guilty plea to lewd conduct with a minor and district court order summarily dismissing application for post-conviction relief
  97. April 27, 2007 – State of Idaho v. Robert Anderson – Intermediate appellate decision and order reversing conviction for misdemeanor driving under the influence
  98. April 25, 2007 – State of Idaho v. Linda Beth Robinson – Reversal of order granting defendant’s motion for suppression of evidence
  99. April 20, 2007 – State of Idaho v. Joseph J. Baxter – Judgment of conviction for possession of a controlled substance and being a persistent violator
  100. April 18, 2007 – Eliberto Rios-Lopez v. State of Idaho – Summary dismissal of application for post-conviction relief, specifically challinging the district court’s denial of motion to replace substitute counsel
  101. March 22, 2007 – State of Idaho v. Michael Joseph Amelia – Judgment of conviction for amphetamine possession and whether district court committed reversible error instructing the jury
  102. March 22, 2007 – State of Idaho v. Richard Lee McBaine – Denial of motion to suppress evidence obtained during search of home conducted pursuant to oral and written consents
  103. March 13, 2007 – State of Idaho v. Michael David Murphy – Judgment of conviction for robbery and three counts of rape and whether sentence exceeded maximum sentence that could be applied as a matter of law
  104. March 13, 2007 – State of Idaho v. Michael Shawn Davis – Judgment of conviction for possession of methamphetamine and whether charging information alleged an offense
  105. March 9, 2007 – State of Idaho v. John Sheldon – Judgment of conviction for trafficking in controlled substance and whether evidence of large amount of cash in automobile and prior drug dealing was admissible at trial
  106. March 9, 2007 – State of Idaho v. Derek Evan Phillips – Judgment of conviction for aggravated assault and subsequent appeal re prosecutorial misconduct during closing argument
  107. March 8, 2007 – State of Idaho v. Nathaniel R. Shafer – Appeal from restitution order following guilty plea to felony charge of leaving the scene of an injury accident
  108. March 8, 2007 – State of Idaho v. Theodore J. Kremer, III – Judgment of conviction for lewd conduct with a minor under sixteen and for intimidating a witness
  109. March 7, 2007 – State of Idaho v. Christopher D. Griffith – Judgment of conviction for first degree murder and subsequent appeal re trial errors, error in denial of motion for new trial, and abuse of discretion in sentence imposed
  110. March 6, 2007 – State of Idaho v. Troy Matthew Davenport – Motion to suppress evidence following unjustified frisk by officer resulting in conviction for possession of methamphetamine
  111. February 15, 2007 – In the Matter of John Doe, a Child Under Eighteen Years (State v. John Doe) – Judgment of conviction for two counts of malicious injury to property and whether juvenile fell within purview of the Juvenile Corrections Act
  112. February 12, 2007 – Bobby Allen Cutler v. State of Idaho – Judgment of conviction for trafficking in a controlled substance
  113. February 8, 2007 – Steven Hyde v. Fisher, Warden, IMSI – Denial of petition for writ of habeas corpus re statutory/constitutional rights to practice Native American religion while incaracerated
  114. February 8, 2007 – State of Idaho v. Kevin Perry – Judgment of conviction for grand theft and whether District Court erred in permitting State to read witness’s preliminary hearing testimony
  115. December 14, 2006 – State of Idaho v. Michael Young – Motion to suppress evidence re violation of Idaho’s stop sign statute, Idaho Code section 49-807(2)
  116. November 27, 2006 – Frank J. Crabtree v. State of Idaho – Judgment of conviction for sexual abuse of a minor, dismissal of post-conviction relief
  117. November 3, 2006 - State of Idaho v. Shami Yakovac – Judgment of conviction for controlled substance, dismissal of post-conviction relief
  118. October 19, 2006 – State of Idaho v. John Cornell Anderson, III – Judgments of conviction for misdemeanor domestic battery and felony harassing a witness
  119. September 21, 2006 – State of Idaho v. Shanna Lee Rector – Possession of evidence obtained re unlawful warrantless search
  120. August 28, 2006 – Dee Dee Franck-Teel v. State of Idaho – Post-conviction relief re guilty plea to forgery, possession of a forged instrument, and grand theft by deception
  121. August 22, 2006 - State of Idaho v. Paul Rogers – Violation of constitutional right to due process re discharge from drug court program and subsequent judgment of conviction for possesion
  122. August 11, 2006 - State of Idaho v. Darren B. Hooper – Violation of Confrontation Clause re judgment of conviction for lewd conduct with a minor child under sixteen
  123. June 15, 2006 - Willard G. Fullmer v. Collard and Kelly - Prisoner habeas corpus
  124. June 2, 2006 – State of Idaho v. Eric L. Christiansen – Denial of motion for new trial following jury verdict of guilty to several counts of arson
  125. May 30, 2006 – State of Idaho v. Joshua Allen Rose – Revokation of probation and execution of previously suspended sentence
  126. May 12, 2006 – State of Idaho v. William Arthur – Withdrawal of guilty plea; I.C.R. 35 motion for reduction of sentence

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