State v. Nelson

Appellant, the State of Idaho, seeks review of an Idaho Court of Appeals decision, State v. Nelson, 112 Idaho 245, 731 P.2d 788 (Ct.App.1987), which reversed respondent Nelson’s conviction for the felony offense of delivery of cocaine for the trial court’s failure to give Nelson’s requested instruction on circumstantial evidence.

The state’s case against Nelson rested solely upon circumstantial evidence. A police informant through James O’Neil exchanged money (which had been photocopied) for cocaine. After the transaction, police officers followed O’Neil to Nelson’s house. Later, the police…