State v. Schulz
151 Idaho 863
| Idaho | 2011Background
- Schulz charged in Kootenai County in 2009 with felony domestic battery and attempted strangulation of his 15-year-old daughter, E.S.
- Information amended to match preliminary hearing dates; E.S. lived with Schulz part-time under a shared custody arrangement.
- Charges required the victim be Schulz's “household member” under I.C. § 18-918(1)(a).
- District court dismissed upon finding E.S. did not meet the household member definition.
- State appealed; court held the definition limits household member to intimate partners, not a parent-child relationship.
- Court affirmed district court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court has jurisdiction to hear the appeal | State contends Memorandum Decision is an appealable order | Schulz argues only the Order to Dismiss is appealable; Memorandum lacks jurisdiction | Yes; the Memorandum Decision is an appealable order under I.A.R. 11(c)(3) |
| Whether the definition of 'household member' extends to a child living with a parent | State argues 'cohabiting' includes anyone living together | Schulz argues 'cohabiting' denotes intimate relationships; excludes parent-child | No; 'cohabiting' denotes intimate relationship, not general cohabitation; ES not a household member |
Key Cases Cited
- State v. Hansell, 141 Idaho 587, 114 P.3d 145 (Ct.App.2005) (interpreted 'cohabiting' to include broader household meaning (non-binding))
- State v. Oar, 129 Idaho 337, 924 P.2d 599 (1996) (defines 'cohabiting' as intimate relationship)
- Farber v. Idaho State Ins. Fund, 147 Idaho 307, 208 P.3d 289 (2009) (statutory interpretation principles; plain language guidance)
- State v. Loomis, 146 Idaho 700, 201 P.3d 1277 (2009) (jurisdiction and de novo review for legal questions)
- Howell v. Reimann, 77 Idaho 84, 288 P.2d 649 (1955) (relevance of content over title for appealability)
- State v. Hammersley, 134 Idaho 816, 10 P.3d 1285 (2000) (nos_citur a sociis/word meaning in context)
- U.S. v. Kuntze, 2 Idaho 446, 21 P. 407 (Idaho Terr.1889) (definition of 'cohabit' in historical context)
- Metropolitan Life Ins. Co. v. Johnson, 103 Idaho 122, 645 P.2d 356 (1982) (common-law marriage indicators including cohabitation)