Idaho Code

Idaho Code § 19-2801 (2026)

Criminal judgments and orders appealable — Time for taking appeals. 

✓ current as of May 2026
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Criminal judgments and orders appealable — Time for taking appeals. 

An appeal may be taken to the supreme court from the district court in a criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as prescribed by rule of the supreme court.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1956–2025 · leading case: State v. Wagenius, 581 P.2d 319 (Idaho 1978).
State v. Wagenius, 581 P.2d 319 (Idaho 1978). · cites it 4× “, § 10 (amending I.C. § 19-2801). Idaho Appellate Rules expressly provide that an appeal may be taken from an order withholding judgment in criminal proceedings.”
Camp v. East Fork Ditch Co., Ltd., 55 P.3d 304 (Idaho 2002). · cites it 2× “” Likewise, Idaho Code § 19-2801 provides, “An appeal may be taken to the Supreme Court from the district court in a criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as prescribed by Rule of the…”
State v. Tinno, 497 P.2d 1386 (Idaho 1972). · cites it 8× “After hearing the testimony and considering the documentary evidence the district court found that respondent was exempted by treaty right from the regulations in question and, therefore, was not guilty of the crime charged. This finding appears in the memorandum decision filed…”
Davis v. State, 775 P.2d 1243 (Idaho Ct. App. 1989). · cites it 2× “11(c)(1); I.C. § 19-2801. We also note that the American Bar Association has provided guidelines pertaining to a defense attorney’s responsibilities to his client on appeal: After conviction, the lawyer should explain to the defendant the meaning and consequences of the court’s…”
State v. Thompson, 803 P.2d 973 (Idaho 1990). · cites it 4× “According to I.C. § 19-2801, An appeal may be taken to the Supreme Court from the district court in a criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as prescribed by Rule of the Supreme Court.”
Ebersole v. State, 428 P.2d 947 (Idaho 1967). · cites it 4× “" No reason appears in explanation of the absence of the clerk of the court who, upon order of the court, is charged with the responsibility of taking down the testimony in the absence of the shorthand reporter. I.C. § R12-608. I.C. § 19-2519 specifies the duties of the clerk of…”
State v. Mason, 643 P.2d 78 (Idaho 1982). · cites it 4× “I.C. § 19-2801; I.A.R. 11(c)(1). That the defendant was the appellant herein does not change the fact that under I.”
State v. Murphy, 872 P.2d 719 (Idaho 1994). · cites it 2× “I.C. § 19-2801. Given the fact that constitutional rights may be waived, there is no doubt that a statutory right may be waived as well.”
In Re Contempt of Reeves, 733 P.2d 795 (Idaho Ct. App. 1987). · cites it 2× “" [2] A criminal counterpart to the civil statute is found in I.C. § 19-2801. [3] The United States Supreme Court has stated that, because a proceeding for civil contempt is remedial in nature, there can be no liability for civil contempt if the order violated is ultimately…”
State v. Peterson, 746 P.2d 1013 (Idaho Ct. App. 1987). · cites it 2× “Hartwig posed the additional argument that I.C. § 19-2801 provided a delegation of authority from the legislature to the Supreme Court to allow assessment of costs against the state in criminal appeals.”
State v. Rollins, 644 P.2d 370 (Idaho Ct. App. 1982). · cites it 2× “I.C. § 19-2801 provides as follows: An appeal may be taken to the Supreme Court from the district court in a *49 criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as provided by Rule of the Supreme…”
Spanton v. Clapp, 299 P.2d 1103 (Idaho 1956). “If the board could extend the sentence-pronounced, by application of the statutory penalty after the commitment, the accused could lose the right to have his conviction reviewed by failing to appeal because of his reliance upon the lesser sentence actually entered. Appellant…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.