State v. Prather

KIDWELL, Justice.

This ease involves an appeal from the decision of a district court, interpreting the meaning of I.C. § 18-918(3). On appeal, the defendant claims that the statute is unconstitutionally vague and should be overturned, and that it improperly shifts the burden of proof. The decision of the district eourt is affirmed.

I

FACTS AND PROCEDURAL BACKGROUND

On July 8, 1998, Bryon E. Prather was charged by criminal complaint with “Domestic Violence In The Presence Of A Child,” in violation of I.C. § 18-918(3) and I.C. § 18-918(7)(b). On December 18, 1998, Prather filed a motion to dismiss…