State v. James Patrick Stell, Jr., 162 Idaho 827

Background

On March 6, 2015, after an escalating dispute, Stell threw the victim’s phone from a vehicle, slammed a car door, pointed a gun at the victim’s vehicle, and threatened to kill the victim.
Two friends who were with Stell testified he appeared very upset and had been drinking; one friend drove Stell to buy a 40‑ounce malt liquor prior to further incidents.
A 911 caller observed a man yelling and pointing a gun at a car; police located the white minivan and arrested Stell after he emerged from a bathroom window.
Officers recovered a backpack in the bathroom containing a loaded gun, ammunition, duct tape, zip ties, rubber gloves, and three smoking pipes (one tested positive for THC).
An audio recording of Stell’s arrest (redacted) that included Stell’s repeated requests for a lawyer was played for the jury over Stell’s objection.
Jury convicted Stell of aggravated assault with a deadly‑weapon enhancement, malicious injury to property, possession of drug paraphernalia, and carrying a concealed weapon while under the influence; acquitted of assault with intent to commit murder and grand theft.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of arrest audio (including invocation of counsel)	State: recording is relevant to arrest events and foundation given; any error harmless.	Stell: recording was irrelevant, prejudicial character evidence; Rule 403 balancing not performed; admission of invocation of counsel was fundamental error.	Court: Any error in admission (including invocation) was harmless beyond a reasonable doubt given overwhelming evidence.
Rule 403 balancing requirement	State: court properly admitted redacted recording; foundational testimony preceded recording.	Stell: court failed to perform required Rule 403 balancing before admitting prejudicial material.	Court: Even if balancing not explicitly performed, error (if any) was harmless.
Fundamental error for admitting invocation of counsel without contemporaneous cure	State: admission was not outcome‑determinative; foundational testimony already elicited.	Stell: unobjected‑to constitutional error (invocation) requires reversal unless harmless.	Court: Not reversible—error (if constitutional) was harmless under Perry standard.
Sufficiency of evidence for carrying concealed weapon while under the influence (Idaho Code § 18‑3302B)	State: witness testimony, smell of alcohol, presence of malt liquor, erratic behavior supported intoxication.	Stell: insufficient evidence he was intoxicated or under the influence when carrying the weapon.	Court: Evidence was sufficient—jury could reasonably find diminished mental/physical capacity from alcohol; Rule 29 denial proper.

Key Cases Cited

State v. Stoddard, 105 Idaho 169 (Ct. App. 1983) (non‑prejudicial error standard)
State v. Perry, 150 Idaho 209 (2010) (harmless vs. fundamental error framework)
State v. Fields, 127 Idaho 904 (1995) (Rule 29 / sufficiency standard)
State v. Herrera‑Brito, 131 Idaho 383 (Ct. App. 1998) (substantial evidence standard on appeal)
State v. Knutson, 121 Idaho 101 (Ct. App. 1991) (credibility and weight reserved to jury)
State v. Decker, 108 Idaho 683 (Ct. App. 1985) (appellate review defers to jury on credibility)
State v. Reyes, 139 Idaho 502 (Ct. App. 2003) (statutory construction; de novo review)
State v. Burnight, 132 Idaho 654 (1999) (plain meaning of statutory language)
State v. Escobar, 134 Idaho 387 (Ct. App. 2000) (statutory interpretation principles)