probative force error (Idaho) · Go Syfert
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probative force error in Idaho

86 Idaho opinions name it 2 courts 2020–2026 80 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
State v. Garciagreen
idaho · 2020 · cited in 66 Idaho opinions naming this issue, 2020–2026
2 sentences

2026This standard “requires weighing the probative force of the record as a whole while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.” Id.

2026This standard “requires weighing the probative force of the record as a whole while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.” Id.

666
State v. Granthamgreen
idahoctapp · 2008 · cited in 2 Idaho opinions naming this issue, 2023–2023
2 sentences

2023We next consider the probative force of the admission of A.S.’s statement in the CARES interview that it “had been seven years since [Wright] slept with a girl.” It is well established that the admission of improper evidence does not automatically require a mistrial, State v. Grantham, 146 Idaho 490, 498 , 198 P.3d 128, 136 (Ct. App. 2008); State v. Hill, 140 Idaho 625, 631 , 97 P.3d 1014, 1020 (Ct. App. 2004), and a trial court’s curative instruction is a factor to consider when determining the probative force of the error.

2023We next consider the probative force of the admission of A.S.’s statement in the CARES interview that it “had been seven years since [Wright] slept with a girl.” It is well established that the admission of improper evidence does not automatically require a mistrial, State v. Grantham, 146 Idaho 490, 498 , 198 P.3d 128, 136 (Ct. App. 2008); State v. Hill, 140 Idaho 625, 631 , 97 P.3d 1014, 1020 (Ct. App. 2004), and a trial court’s curative instruction is a factor to consider when determining the probative force of the error.

22
State v. Hillgreen
idahoctapp · 2004 · cited in 2 Idaho opinions naming this issue, 2023–2023
2 sentences

2023We next consider the probative force of the admission of A.S.’s statement in the CARES interview that it “had been seven years since [Wright] slept with a girl.” It is well established that the admission of improper evidence does not automatically require a mistrial, State v. Grantham, 146 Idaho 490, 498 , 198 P.3d 128, 136 (Ct. App. 2008); State v. Hill, 140 Idaho 625, 631 , 97 P.3d 1014, 1020 (Ct. App. 2004), and a trial court’s curative instruction is a factor to consider when determining the probative force of the error.

2023We next consider the probative force of the admission of A.S.’s statement in the CARES interview that it “had been seven years since [Wright] slept with a girl.” It is well established that the admission of improper evidence does not automatically require a mistrial, State v. Grantham, 146 Idaho 490, 498 , 198 P.3d 128, 136 (Ct. App. 2008); State v. Hill, 140 Idaho 625, 631 , 97 P.3d 1014, 1020 (Ct. App. 2004), and a trial court’s curative instruction is a factor to consider when determining the probative force of the error.

22
State v. Watkinsgreen
idahoctapp · 2012 · cited in 2 Idaho opinions naming this issue, 2020–2021
2 sentences

2021State v. Watkins, 152 Idaho 764, 767 , 274 P.3d 1279, 1282 (Ct. App. 2012).

2021State v. Watkins, 152 Idaho 764, 767 , 274 P.3d 1279, 1282 (Ct. App. 2012).

22
Yates v. Evattgreen
scotus · 1991 · cited in 18 Idaho opinions naming this issue, 2020–2025
2 sentences

2024The appellate court must weigh “the probative force of the record as a whole while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.” Id.

2024The appellate court must weigh “the probative force of the record as a whole while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.” Id.

118
State v. Smithgreen
idaho · 2022 · cited in 4 Idaho opinions naming this issue, 2023–2025
2 sentences

2025State v. Smith, 170 Idaho 800, 810 , 516 P.3d 1071, 1081 (2022). 6 This standard requires weighing the probative force of the record while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.

2025State v. Smith, 170 Idaho 800, 810 , 516 P.3d 1071, 1081 (2022). 6 This standard requires weighing the probative force of the record while excluding the erroneous evidence and at the same time comparing it against the probative force of the error.

14
State v. Richardsongreen
idahoctapp · 2020 · cited in 4 Idaho opinions naming this issue, 2022–2023
2 sentences

2023Richardson, 168 Idaho at 31 , 478 P.3d at 760 .

2023Richardson, 168 Idaho at 31 , 478 P.3d at 760 .

14
Chapman v. Californiared
scotus · 1967 · cited in 2 Idaho opinions naming this issue, 2020–2020
2 sentences

2020Id. at ___, 462 P.3d at 1138-39 .

2020To rely on the “overwhelming evidence” standard is to commit the same mistake the United States Supreme Court overturned in Chapman v. California, 386 U.S. at 24.

12
State v. Piercegreen
idahoctapp · 2002 · cited in 1 Idaho opinions naming this issue, 2023–2023
1 sentence

2023See generally State v. Pierce, 137 Idaho 296, 299 (Ct. App. 2002) (pointing out the “recognized propensity” that people involved in dealing drugs will carry firearms)).

11
State v. Martinezgreen
idaho · 1994 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021However, “[u]nder the cumulative errors doctrine, an accumulation of irregularities, each of which might be harmless in itself, may in the aggregate reveal the absence of a fair trial in contravention of the defendant’s right to due process.” State v. Samuel, 165 Idaho 746, 778 , 452 P.3d 768, 800 (2019) (quoting State v. Martinez, 125 Idaho 445, 453 , 872 P.2d 708, 716 (1994)).

2021However, “[u]nder the cumulative errors doctrine, an accumulation of irregularities, each of which might be harmless in itself, may in the aggregate reveal the absence of a fair trial in contravention of the defendant’s right to due process.” State v. Samuel, 165 Idaho 746, 778 , 452 P.3d 768, 800 (2019) (quoting State v. Martinez, 125 Idaho 445, 453 , 872 P.2d 708, 716 (1994)).

11
State v. Samuelgreen
idaho · 2019 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021However, “[u]nder the cumulative errors doctrine, an accumulation of irregularities, each of which might be harmless in itself, may in the aggregate reveal the absence of a fair trial in contravention of the defendant’s right to due process.” State v. Samuel, 165 Idaho 746, 778 , 452 P.3d 768, 800 (2019) (quoting State v. Martinez, 125 Idaho 445, 453 , 872 P.2d 708, 716 (1994)).

2021However, “[u]nder the cumulative errors doctrine, an accumulation of irregularities, each of which might be harmless in itself, may in the aggregate reveal the absence of a fair trial in contravention of the defendant’s right to due process.” State v. Samuel, 165 Idaho 746, 778 , 452 P.3d 768, 800 (2019) (quoting State v. Martinez, 125 Idaho 445, 453 , 872 P.2d 708, 716 (1994)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Fox green
idaho · 2022
2 sentences

2023“This Court utilizes a two-part analysis to assess harmless error, considering: (1) ‘[t]he probative force of evidence untainted by error against a defendant’ and (2) the weight of the untainted evidence ‘against the probative force of the error itself.’” State v. Fox, 170 Idaho 846 , 863, 517 P.3d 107 , 124 (2022) (alteration in original) (quoting Garcia, 166 Idaho at 675, 462 P.3d at 1139).

2023“This Court utilizes a two-part analysis to assess harmless error, considering: (1) ‘[t]he probative force of evidence untainted by error against a defendant’ and (2) the weight of the untainted evidence ‘against the probative force of the error itself.’” State v. Fox, 170 Idaho 846 , 863, 517 P.3d 107 , 124 (2022) (alteration in original) (quoting Garcia, 166 Idaho at 675, 462 P.3d at 1139).

12023–2023

Statutes the citing opinions construe

ID § Idaho Code § 18-1508 (11) ID § Idaho Code § 19-2514 (9) ID § Idaho Code § 18-1506 (5) ID § Idaho Code § 18-903 (5) ID § Idaho Code § 18-2403 (4) ID § Idaho Code § 18-4001 (4) ID § Idaho Code § 18-6101 (4) ID § Idaho Code § 18-901 (4) ID § Idaho Code § 19-2132 (4) ID § Idaho Code § 18-8004 (3) ID § Idaho Code § 18-923 (3) ID § Idaho Code § 19-2019 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ID 86 (2020–2026) MI 9 (2015–2018) SC 6 (1992–2008) MA 5 (1991–2022) IL 3 (1908–2006) CA 3 (1932–1998) WY 3 (1972–2015) GA 2 (1951–1972) WA 2 (2009–2009) TX 2 (2006–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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