State v. Hellickson

24 P.3d 59, 135 Idaho 742, 2001 Ida. LEXIS 48
CourtIdaho Supreme Court
DecidedMay 15, 2001
Docket25334
StatusPublished
Cited by3 cases

This text of 24 P.3d 59 (State v. Hellickson) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hellickson, 24 P.3d 59, 135 Idaho 742, 2001 Ida. LEXIS 48 (Idaho 2001).

Opinion

KIDWELL, Justice.

This case involves an appeal from the decision of a district court, interpreting the meaning of I.C. § 18-918(3). On appeal, the defendant claims that the statute is unconstitutionally vague and should be overturned. Conversely, the State argues that the statute is not vague and clearly establishes the legislature’s intent. The decision of the district court is affirmed.

I.

FACTS AND PROCEDURAL BACKGROUND

On September 23, 1998, Todd M. Hellickson was charged with “DOMESTIC VIOLENCE, FELONY, I.C. § 18-918 and BATTERY, MISD., I.C. § 18-903(b).” Pursuant to an Idaho Criminal Rule 11(a)(2) agreement, Hellickson plead guilty to both charges, while reserving his right to appeal the “Constitutionality of the statute and all other issues.” The district court withheld judgment and placed Hellickson on probation for a period of five years. On February 9, 1999, Hellickson filed his notice of appeal, arguing that the statute was unconstitutionally vague.

II.

STANDARD OF REVIEW

When this Court reviews a claim that a statute is unconstitutional, we review the trial court’s ruling de novo since it involves purely a question of law. State v. Hansen, 125 Idaho 927, 930, 877 P.2d 898, 901 (1994). “There is a strong presumption of the validity of an ordinance, and an appellate court is obligated to seek an interpretation of a statute that upholds its constitutionality.” State v. Cobb, 132 Idaho 195, 197, 969 P.2d 244, 246 (1998) (internal citation omitted). “A statute should not be held void for uncertainty if any practical interpretation can be given it.” Id.

III.

ANALYSIS

The Felony Domestic Violence Statute, I.C. § 18-918(3), Is Not Unconstitutionally Vague.

The defendant claims that Idaho Code section 18-918(3) is facially void for vagueness because it fails to specifically define the prohibited conduct. The state contends that the statute is constitutional because, when read as a whole, it conveys to the person of common intelligence what conduct is forbidden.

A party arguing that a statute is unconstitutional has the “burden of showing its invalidity and must overcome a strong presumption of validity.” Olsen v. J.A. Freeman Co., 117 Idaho 706, 709, 791 P.2d 1285, 1288 (1990). In reviewing the constitutionality of a statute, Idaho appellate courts are obligated to “seek an interpretation of a statute that upholds its constitutionality.” Cobb, 132 Idaho at 197, 969 P.2d at 246 (1998). When the court finds that a statute is capable of two interpretations, one which would make it constitutional and the other unconstitutional, the court should adopt that construction which upholds the validity of the act. Cowles Pub. Co. v. Magistrate Court, 118 Idaho 753, 759, 800 P.2d 640, 646 (1990).

In this case, the defendant challenges the constitutionality of I.C. § 18-918. At the time of the defendant’s trials, this section provided:

(1) For the purpose of this section, “household member” means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married or a person with whom a person is eohabitating, whether or not they have married or have held themselves out to be husband or wife.
(2) As used in this section, “traumatic injury” means a condition of the body, such as a wound or external or internal injury, *745 whether of a minor or serious nature, caused by physical force.
(3) Any household member who willfully inflicts a traumatic injury upon any other household member is guilty of a felony.
(5) A household member who commits a battery, as defined in section 18-903, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic battery.

Idaho Code section 18-903 defines battery as:

(a) Willful and unlawful use of force or violence upon the person of another; or
(b) Actual, intentional and unlawful touching or striking of another person against the will of the other;
(e) Unlawfully and intentionally causing bodily harm to an individual.

The defendant contends that this section of the Code should be held void for vagueness because it fails to adequately define “traumatic injury.”

The void for vagueness doctrine is an aspect of due process which requires that the meaning of criminal statutes be determinable. Cobb, 132 Idaho at 197, 969 P.2d at 246. Due process requires that individuals be informed of what the law commands or forbids and that people of common intelligence not be forced to guess at the meaning of the statute. Smith v. Goguen, 415 U.S. 566, 574, 94 S.Ct. 1242, 1247, 39 L.Ed.2d 605, 612 (1974). Additionally, a statute is void for vagueness if it “invites arbitrary and discriminatory enforcement.” Cobb, 132 Idaho at 197, 969 P.2d at 246. “A void for vagueness challenge is more favorably acknowledged and a more stringent vagueness test will be applied where a statute imposes a criminal penalty, or if the law interferes with a substantial amount of conduct protected by the First Amendment.” Id. at 198, 969 P.2d at 247 (internal citations omitted). In the present appeal, there has been no argument that the statute regulates a significant amount of constitutionally protected conduct; therefore, this Court shall proceed with the second inquiry under State v. Bitt, 118 Idaho 584, 588, 798 P.2d 43, 47 (1990).

Under the Bitt rule, if the statute does not regulate a significant amount of constitutionally protected conduct, the inquiry becomes “whether (a) the ordinance gives notice to those who are subject to it, and (b) whether the ordinance contains guidelines and imposes sufficient discretion on those who must enforce the ordinance.” Id. If, under these guidelines, the reviewing court can identify a core of circumstances to which the statute could be unquestionably constitutionally applied, it will uphold the statute. Id.

The defendant claims that I.C. § 18-918 fails both of these inquiries. He argues that because the statute fails to set forth a sufficient definition of “traumatic injury,” neither persons subject to the statute, nor those who must enforce it, are able to ascertain what conduct is prohibited.

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Bluebook (online)
24 P.3d 59, 135 Idaho 742, 2001 Ida. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hellickson-idaho-2001.