Legal Opinion
Thomas D. Moffat
Idaho Court of Appeals
Decided January 15, 2013No. 39026PublishedCited by 3 opinions
1Opinion of the Court
MELANSON, Judge.
Thomas David Moffat appeals from his judgment of conviction for attempted strangulation. Specifically, Moffat challenges the district court’s order denying his motion to dismiss. For the reasons set forth below, we vacate.
I
FACTS AND PROCEDURE
On May 9, 2010, Moffat engaged in a domestic dispute with his girlfriend in their home. Moffat’s girlfriend contacted the police and reported that, during the dispute, Moffat grabbed her by the hair, grabbed her around the throat, threw her around the room, pushed her into objects, and pushed her to the ground. According to the police…
2Cases cited12 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Whalen v. United StatesSupreme Court of the United States · 1980
- Hayes v. StateSupreme Court of Florida · 2001
- Weatherly v. StateCourt of Criminal Appeals of Oklahoma · 1987
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3Cited by3 opinions
- State v. Cody SellersIdaho Court of Appeals · 2016
- State v. Derek Edward MoadIdaho Court of Appeals · 2014
- State v. Cody SellersIdaho Court of Appeals · 2016