State v. Howell

The State appeals from the order of the district court granting defendant Leon Howell a new trial based on the erroneous admission of hearsay evidence at the original trial. Because we conclude that most of the evidence in question was admissible and that any error was harmless, we reverse the order granting a new trial.

I

FACTS AND PROCEDURAL HISTORY

Howell was charged with two counts of lewd conduct with a minor under the age of sixteen, Idaho Code § 18-1508, and one count of attempted lewd conduct with a minor, I.C. §§ 18-1508 and -306, based on allegations by his twelve-year-old…