History
  • No items yet
midpage
State v. Michael G. Long
280 P.3d 195
Idaho Ct. App.
2012
Read the full case

Background

  • Officers observed shots in a private property area posted as private/archery only; Long was found crouching with a rifle near a dead whitetail.
  • A No Hunting sign and another sign stating No Hunting without Written Permission were visible; Long had no permission and did not know the owner.
  • Long was cited for recreational trespass under Idaho Code § 36-1603(a) and unlawful possession of wildlife under § 36-502(b); case proceeded to trial.
  • Magistrate granted Long a judgment of acquittal under Idaho Criminal Rule 29(a); State appealed seeking reversal of the acquittal.
  • District court initially indicated disagreement with the magistrate’s interpretation but later reversed the acquittal based on Idaho Code § 36-1401(b) (recreational trespass is criminal).
  • Long appealed the district court’s intermediate appellate order; Supreme Court issued State v. Howard (2011) affecting double jeopardy analysis and required supplemental briefing.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is the appeal moot? Long cannot be retried; mootness applies to bar merits. No live controversy; ruling should be advisory only. Appeal dismissed as moot

Key Cases Cited

  • State v. Manzanares, 152 Idaho 410 (Idaho 2012) (mootness and advisory opinion considerations in appellate review)
  • State v. Hoyle, 140 Idaho 679 (Idaho 2004) (double jeopardy and mootness considerations in appellate context)
  • State v. Howard, 150 Idaho 471 (Idaho 2011) (double jeopardy impact on retrial and appellate proceedings; some merits addressed)
  • State v. Huggins, 105 Idaho 43 (Idaho 1983) (advisory considerations in appellate review when acquittal occurs)
  • State v. Barclay, 149 Idaho 6 (Idaho 2010) (avoidance of advisory opinions in mootness context)
  • Koch v. Canyon Cnty., 145 Idaho 158 (Idaho 2008) (mootness exceptions and public-interest considerations)
Read the full case

Case Details

Case Name: State v. Michael G. Long
Court Name: Idaho Court of Appeals
Date Published: May 3, 2012
Citation: 280 P.3d 195
Docket Number: 38578
Court Abbreviation: Idaho Ct. App.