Legal Opinion

State v. Atkinson

Idaho Court of Appeals

Decided November 17, 1993No. 20416PublishedCited by 71 opinions

1Opinion of the Court

PERRY, Judge.

Melvin J. Atkinson was found guilty of aggravated battery. I.C. §§ 18-903(c) and 18-907(b). Atkinson made a motion for a mistrial pursuant to I.C.R. 29.1., which was denied by the district court. Atkinson appeals his conviction, claiming that certain testimony presented at trial warranted a mistrial. For the reasons stated below, we affirm.

FACTS AND PROCEDURE

In May of 1992, Atkinson, along with four other men, climbed aboard a boxcar on a train headed west from Pocatello. The four other men included Sam Thurman, Heinz Eppelman, Donald Hastings and the victim in this case, William…

2Cases cited16 opinions

  1. People v. PerezCalifornia Supreme Court · 1979
  2. State v. RaudebaughIdaho Supreme Court · 1993
  3. State v. PizzutoIdaho Supreme Court · 1991
  4. State v. CardIdaho Supreme Court · 1991
  5. State v. NeedsIdaho Supreme Court · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. State v. PageIdaho Supreme Court · 2000
  2. State v. GittinsIdaho Court of Appeals · 1996
  3. State v. MeisterIdaho Supreme Court · 2009
  4. State v. SmithIdaho Court of Appeals · 2001
  5. State v. LeeIdaho Court of Appeals · 1998

66 more not listed; retrieve them via the Exa API.

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