Friday, December 4, 2009

Today's Oral Arguments

The Court will hear two criminal law cases today.

In State v. Cobler, the defendant was charged with sexual battery of a minor. The court issued a no contact order prohibiting Mr. Cobler from contacting the victim and all minors until dismissal of the case, even though he had three minor children. The district court later sentenced him to prison but did not vacate the no contact order. Mr. Cobler filed a Rule 35 motion and a motion to modify the no contact order to allow contact with his children. The court denied both motions.

On appeal, Mr. Cobler challenges the validity of the continuing no contact order.

The Court of Appeals opinion, holding that the no contact order violated Mr. Cobler’s fundamental rights as a parent, is available here: http://www.isc.idaho.gov/opinions/coblerSUB34308.pdf


In State v. Peterson, the appellant was convicted of felony possession of a controlled substance. Mr. Peterson argues that, under a plea agreement in another case, the State promised not to charge him for that offense.

The Court of Appeals unpublished opinion, affirming the district court, is available here: http://www.isc.idaho.gov/opinions/peterson33137.pdf

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