State ex rel. Higginson v. United States

I respectfully dissent from parts V.A. (statutory designation of director as an expert), and V.B., (unobjected to provisions in director’s report to be decreed as reported) of the Court’s opinion. I concur in the balance of the opinion, namely parts I., II., III., IVA.-C., V.C., V.D., VI., VII., VIII., IX., and X.

I

STATUTORY DESIGNATION OF THE DIRECTOR AS AN EXPERT, PART V.A.

In part VA, the Court’s opinion holds that I.C. § 42-1401B(l) (1994) is of no effect because it conflicts with Idaho Rule of Evidence 702. I discern no such conflict, and would allow the provision to stand.

The Court’s…