State v. Traci N. Hadden, 271 P.3d 1227

Hadden was charged in January 2009 with grand theft of approximately twenty calves belonging to cattleman Steven Bilbao; the theft occurred in the winter of 2008.
Hadden moved for a change of venue due to extensive pretrial publicity surrounding unrelated charges (attempted murder and solicitation of a police officer) against her; the district court denied the motion and again denied it at voir dire.
At trial, Blaine Ramey testified he bought Bilbao’s cows from Keppner with a check payable to Bilbao and Keppner; a brand inspector could not identify Hadden as present at the sale.
Keppner testified that Hadden orchestrated the transfer of cattle; Hadden’s son testified that Hadden discussed a plan to steal cattle and helped load and sell them; the son admitted inconsistent statements and received immunity for truthful testimony.
Defendants argued the district court gave an improper jury instruction limiting the weighing of credibility; defense argued the venue denials violated Sixth Amendment rights; trial ended with a guilty verdict for grand theft.
The Idaho Court of Appeals affirmed, holding the jury instruction was not plain error and the venue rulings were not an abuse of discretion; the presumption of prejudice did not apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury instruction was plain error.	Hadden argues the instruction improperly restricted weighing credibility.	Hadden contends the instruction unduly limited the jury’s weighing of impeached witnesses.	Not plain error; court did not reach merits.
Whether the district court erred in denying change of venue.	Hadden asserts presumptive prejudice requires venue change.	Court found no presumptive prejudice and adequate voir dire.	No abuse of discretion; presumption of prejudice not shown.

State v. Severson, 147 Idaho 694 (2009) (guide for reviewing jury instructions on credibility and fair trial)
State v. Perry, 150 Idaho 209 (2010) (plain error three-prong test for unwaived rights)
State v. Reid, 151 Idaho 80 (2011) (fundamental error doctrine—first appeal availability)
State v. Yager, 139 Idaho 680 (2007) (multifactor approach to change of venue; pretrial publicity analysis)
State v. Needs, 99 Idaho 883 (1979) (venue; prejudice considerations; voir dire)
State v. Hall, 111 Idaho 827 (1986) (extensive voir dire; publicity largely factual and noninflammatory)
State v. Sheahan, 139 Idaho 267 (2003) (pretrial publicity and juror impartiality analysis)
Hall v. Skilling, Skilling v. United States, 130 S. Ct. 2896 (2010) (extreme publicity cases; presumption of prejudice is rare)