Every now and then, the Idaho Supreme Court will address issues that, although not addressed by the trial court, may arise on remand. The Court has that authority under Idaho Code § 1-205, which states: “[I]f a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case presented upon … appeal, and necessary to the final determination of the case.” The Court’s decision in Doe v. State of Idaho, 2015 Opinion No. 62 (June 30, 2015), is a good illustration of the effect of that statute.

In Doe, Doe petitioned for a declaratory judgment on whether he was required to register with the Idaho Sex Offender Registry because of a prior Washington offense. Idaho law requires a person to register with the state’s sexual offender registry when convicted in another state for an offense “substantially equivalent” to an offense identified in the Idaho Sexual Offender Registration Notification Act.
Continue Reading New Decision Illustrates When the Idaho Supreme Court Will Address Legal Issues That Were Not Addressed by the Trial Court