Three Arguments Today

The Court hears argument in three criminal cases today.

State v. Robert W. Skurlock: Thirty-two or thirty-three minutes after sunset on February 27, 2009, the Sandpoint Police executed a "daytime"search warrant on Robert W. Skurlock’s motel room and found some marijuana. The court denied the subsequent motion to suppress, relying on State v. Burnside, 113 Idaho 65, 741 P.2d 352 (Ct. App. 1987), which defines "daytime" as the period from "dawn to darkness where darkness is the point at which insufficient natural light exists with which to distinguish another’s features."

On appeal, Mr. Skurlock argues that Burnside should be overruled. Instead, he asks the Court to adopt the bright-line standard in State v. Simmons, 866 P.2d 614 (Utah App. 1993), which prohibits "daytime" warrants from being served one-half hour after sunset to one-half hour before sunrise.

State v. Walter E. Moore: Mr. Moore was granted a new sentencing hearing for the crime of L&L after a successful post-conviction Estrada claim. Before the resentencing, he asked the court to order that the original PSI and psychosexual evaluation be removed from his IDOC files. The district court denied the motion believing it had no authority to grant the motion.

Mr. Moore argues on appeal that the district court had the authority to remove the reports and evaluation from the IDOC files. He also argues that his sentence of life with thirteen years fixed should be vacated or modified.

State of Idaho v. Jim Howard, III: A jury found Mr. Howard guilty of DUI, but the district court judge found him not guilty of the felony enhancement because it excluded proof of one of the two prior convictions, a California conviction, for not satisfying the state and federal requirements for full faith and credit under I.C. § 9-312 and 28 U.S.C. § 1738. The State appealed, arguing that the California judgment should have been considered because it was admissible under the Rules of Evidence.

The Court of Appeals dismissed the appeal as barred by double jeopardy. The Supreme Court granted review of both the full faith and credit and the double jeopardy issues.