(Download) "State Idaho v. Ronald Dean Stevens" by Supreme Court Of Idaho # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Ronald Dean Stevens
- Author : Supreme Court Of Idaho
- Release Date : January 30, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
YOUNG, Justice Pro Tem Ronald Dean Stevens (Stevens) was tried before in the Ada County Magistrate Division of the 4th Judicial District on the misdemeanor offense of Driving While Under the Influence of Alcohol in violation of I. C. 18-8004. After a jury was empaneled and sworn to try the case, the magistrate declared a mistrial and dismissed the action. The state appealed this decision to the district court. The district court ruled that the magistrate had abused his discretion in declaring a mistrial and dismissing the case and remanded the case back to the magistrate's court for trial. Stevens has appealed, presenting four issues: (1) whether evidence of a percentage likelihood of intoxication based solely upon a horizontal gaze nystagmus (HGN) test is admissible; (2) whether the introduction of this evidence warranted the declaration of a mistrial; (3) whether the knowing introduction of this evidence by the prosecution constituted prosecutorial misconduct warranting a dismissal of the case with prejudice; and (4) whether the dismissal of charges after jeopardy has attached prevents retrial based on statutory, rule based or constitutional prohibitions against double jeopardy. The first three of these enumerated issues will be considered together since they are logically combined in the issue whether there was prosecutorial misconduct which warranted the granting of a mistrial and dismissal of the case. For the reasons that follow we rule (1) that the introduction of this evidence by the prosecution did not constitute prosecutorial misconduct warranting the court's sua sponte declaration of a mistrial and dismissal of the case; and (2) that the dismissal of charges after jeopardy had attached prevents retrial under constitutional prohibitions against double jeopardy. I.
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