Two More Opinions

The Court issued opinions in another two criminal cases today. The first is an opinion upon rehearing in State v. Pina, http://www.isc.idaho.gov/opinions/State%20v%20Pina%20SUB.pdf. This opinion replaces the one issued last year. (See SCOIDBlog, July 8, 2009, "Another Murder Conviction Vacated.") The substitute opinion also vacates the conviction. The majority (with Justice W. Jones writing with Justice J. Jones and the Chief Justice concurring) holds that Idaho follows the agency theory of felony-murder. "Under the agency theory, the felony-murder rule is only applied to actors who are acting in concert in furtherance of a common plan or scheme to commit the underlying felony and one of them causes the death during the perpetration of the felony, regardless of who actually fired the fatal shot."

The district court, however, instructed the jury that it could find Mr. Pina guilty even if he was not acting in concert with the person who killed the victim. The Court found this was reversible error.

Congratulations (again) to Sara Thomas of SAPD!

The other case, Eby v. State, http://www.isc.idaho.gov/opinions/Eby%20v.%20State,%2036568.pdf, presented a narrow issue: May a post-conviction petitioner file a IRCP 60(b) motion to revive a petition dismissed for inactivity under IRCP 40(c)? The Court held that it may, only in post-conviction cases, and then only upon a "showing of unique and compelling circumstances justifying relief." The Court, noting that the dismissal was only granted "[a]fter years of shocking and disgraceful neglect of his case by a series of attorneys appointed to represent Daniel Lee Eby" remanded the "case to the district court for consideration of whether the facts presented by Eby constitute grounds for relief under I.R.C.P. 60(b)(6)."

This is a case which I worked on with my wife, Deborah Whipple. Thank you, Deb, for the excellent work!