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. 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
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Release Date Docket# Case Name Opinion Notes Feb 25, 2016
42572 State v. Conner Blaine Hoy Robbery & aggravated assault
Feb 25, 2016
42806 State v. Brian Ellis Neal The State appeals from judgment granting motion to suppress.
Feb 23, 2016
43077 State v. James W. Clark Misdemeanor trespass
Feb 18, 2016
42554 State v. Vernon Craig Pelland Grand theft by possession
Feb 16, 2016
43092 State v. Anthony Kyle Smith Appeal from order denying motion to suppress.
Feb 12, 2016
43123 State v. Michael P. Martin Appeal from order denying motion for credit for time served.
Feb 10, 2016
42506 Joshua McGiboney v. State POST-CONVICTION Robbery, aggravated battery, burglary, possession of a firearm
Feb 10, 2016
43263 State v. Kevin Donald Cheatham Appeal from order denying motion to amend judgment (grand theft by possession of stolen property)
Feb 1, 2016
42090 State v. Laura Lee Smith SUBSTITUTE: Aiding and abetting in the delivery of a controlled substance.
Jan 27, 2016
42780 Alik G. Takhsilov v. State POST-CONVICTION Robbery; burglary
Jan 27, 2016
42769 State v. Dennis James Garner Battery on a correctional officer
Jan 14, 2016
43055 State v. John Scott Meier 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. Appeal from denial of motion to suppress
Jan 7, 2016
42637 State v. Natasha Lynn Bly Appeal from denial of motion to suppress
Jan 6, 2016
42790 State v. Lori Elizabeth Lovely Appeal from denial of motion to suppress
Dec 31, 2015
43388 State v. James Butler Ramsey 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 Lewd conduct with a minor; sexual abuse of a child
Dec 31, 2015
41834 Tyrell Ramsey v. State SUBSTITUTE OPINION. POST-CONVICTION (rape and battery)
Dec 23, 2015
42848 State v. Brian W. Pierce 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 POST-CONVICTION (murder)
Dec 10, 2015
42436 State v. Emil Mercado Lewd conduct with a minor.
Dec 9, 2015
42363 State v. Keith L. Case Motion to suppress
Dec 8, 2015
42335 State v. Scott Lewis Ostler Lewd conduct with a minor.
Dec 4, 2015
41916 State v. William Dee Van Komen, Jr. Appeal from order relinquishing jurisdiction; possession of a controlled substance.
Dec 4, 2015
42098 State v. Marcos Apollo Jimenez Sexual battery of a minor
Nov 20, 2015
42498 Mitchell James Bias v. State POST-CONVICTION: Conspiracy to commit robbery and burglary.
Nov 17, 2015
41730 State v. Arnold Dean Anderson 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 Trafficking - marijuana
Nov 6, 2015
42655 State v. Michel J. Walker Appeal from order granting State's motion to reconsider reduction of sentence.
Nov 4, 2015
42749 State v. Jacob Steven Davis Motion to suppress.
Nov 4, 2015
42799 State v. Rey Alfredo Ornelas Opinion Appeal from the decision denying Batson challenge.
Nov 3, 2015
42870 State v. Nicholas Tate Vance Opinion Burglary
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 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 (OPINION VACATED. SEE ATTACHED ORDER) 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 Lewd conduct with a child under 16. The Court's prior UNPUBLISHED Opinion issued March 4, 2015 is WITHDRAWN.
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 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 Delivery & trafficking of a controlled substance Mar 30, 2015 41497 State v. Gerald K. Umphenour Opinion 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 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 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 Order suppressing evidence October 10, 2014 40769 Larry Severson v. State Opinion 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 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 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 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 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] 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 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 Sex Offender Sept 5, 2013 39891 State v. Gary L. Schall - Opinion 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 Forcible Penetration July 11, 2013 40244 State v. Tracy Lorene Davis - Opinion DUI
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