9 results for 'judge:"Gratton"'.
J. Gratton finds that the trial court properly refused to suppress drugs and a firearm in defendant's home during a probation search prompted by a confidential tip. A probation agreement authorized law enforcement officers other than his own probation officer to conduct searches, and he did not preserve his challenge to the validity of the agreement or his claim that his probation officer must first request that he submit to a search. Also, the trial court's error in sustaining an objection to part of defendant's closing argument was harmless. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: April 23, 2024, Case #: 50051, Categories: Drug Offender, Probation, Search
J. Gratton finds that the trial court properly denied defendant's motion to suppress drug evidence as untimely. Neither a change in law regarding drug dog alerts nor a change in counsel constituted excusable neglect that would allow a late motion. Her speedy trial claim failed because most of the delay was caused by the emergency suspension of jury trials due to the Covid-19 pandemic. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: March 8, 2024, Case #: 50179, Categories: Drug Offender, Search, Speedy Trial
J. Gratton holds that the magistrate court properly terminated a father's parental rights based on clear and convincing evidence of abandonment. He willfully failed to maintain a normal parent-child relationship or provide support for five years. But the magistrate court must redo its analysis to apply the best interest factors for termination cases instead of the factors for divorce custody cases. Vacated.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: February 9, 2024, Case #: 51137, Categories: Family Law
J. Gratton finds that the trial court properly denied a mother's motion to revoke a Child Protection Act adjudicatory decree to which she had stipulated since she did not have an absolute right to consent to have her relatives adopt her child. But a $300 sanction for attorney fees incurred by the child's guardian ad litem during a two-day extension granted to the mother was improper because the mother's request for an extension was timely and justified and not intended to delay proceedings. Reversed in part.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: January 9, 2024, Case #: 51088, Categories: Family Law, Sanctions
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J. Gratton finds that the juvenile defendant's 15-year sentence with 11 years determinate for attempted rape was supported by substantial evidence. His violent, unprovoked and opportunistic crime combined with a presentence investigation report, a psychosexual evaluation, and documents from multiple other psychiatric evaluations show that he presents an extraordinarily high risk of reoffending. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: December 11, 2023, Case #: 49994, Categories: Juvenile Law, Sentencing, Sex Offender
J. Gratton finds that the trial court should have applied a felony enhancement to defendant's misdemeanor domestic battery charge due to a prior felony domestic battery conviction. Regardless of the timing of the underlying conduct, statute allows the enhancement if the felony conviction comes before the misdemeanor conviction. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 18, 2023, Case #: 49955, Categories: Criminal Procedure, Domestic Violence
J. Gratton finds the lower court should not have Idaho’s motion in limine based on the similarities between a provision of Idaho Code and another of Spokane Municipal Code. Both laws prohibit lewd sexual conduct in public, and the laws do not need to be highly similar for a court to grant a motion in limine. As a result the misdemeanor will be enhanced to a felony. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 3, 2023, Case #: 49823, Categories: Public Indecency
J. Gratton finds that the trial court properly denied defendant's motion for a mistrial on charges of lewd and sexual abuse of a child under 16. Hearsay statements a child made to a doctor during a sexual abuse examination were admissible, and even if the statements were not admissible under the medical purpose exception, the error was harmless. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: May 10, 2023, Case #: 49229, Categories: Confrontation, Sex Offender