State v. Kirkwood

726 P.2d 735 (1986)

111 Idaho 623

STATE of Idaho, Plaintiff-Respondent,

v.

Miles "Mike" KIRKWOOD, Defendant-Appellant.

No. 16413.

Supreme Court of Idaho.

September 26, 1986.

Timothy J. Gass, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., and Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.

HUNTLEY, Justice.

The issue on appeal is whether the Court of Appeals incorrectly refused to enforce I.C.R. 12(d), a rule of procedural default, by requiring the trial court to render findings of fact as to the voluntariness of the defendant's confession where findings were not requested by either…