State v. Michael G. Long
280 P.3d 195
Idaho Ct. App.2012Background
- 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)
