7 results for 'judge:"Huskey"'.
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: Criminal Procedure, Sex Offender, Battery
J. Huskey finds the trial court properly denied a stepfather’s motion for acquittal on his felony conviction for forcible penetration by use of a foreign object. The stepfather argues there is no substantial evidence to prove the use of force, or that his stepdaughter was intoxicated. The jury instructions were properly given for the use of force and a rational jury could conclude the stepdaughter was digitally penetrated while in and out of an intoxicated or conscious state. Therefore, there was sufficient evidence to support the jury’s finding for either a use of force or and intoxication theory of forcible penetration. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: February 16, 2024, Case #: 49517, Categories: Jury, Sex Offender, Assault
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J. Huskey finds that the trial court relied on sufficient evidence that defendant stole from her employer in ordering her to pay $24,000 in restitution. She may not have collected the cash paid to a codefendant for rooms at the hotel she managed, but she took affirmative steps to hide the theft. Also, she failed to show she was prejudiced by the late disclosure of witness testimony. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: November 21, 2023, Case #: 49030, Categories: Theft, Restitution, Due Process
J. Huskey finds that the trial court properly convicted defendant of murder. The trial court properly denied defendant's challenge to the state's peremptory removal of the only Black juror, who said he would not be able to pay attention to the trial and did not want to be a part of it. The state's removal of the juror was not racially motivated. Also, defendant did not have evidence of an alternate perpetrator to support questioning police about the possibility. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: September 20, 2023, Case #: 49110, Categories: Jury, Murder, Weapons