State v. Rodgers

812 P.2d 1208, 119 Idaho 1047, 1991 Ida. LEXIS 84
CourtIdaho Supreme Court
DecidedJune 7, 1991
Docket18993
StatusPublished
Cited by40 cases

This text of 812 P.2d 1208 (State v. Rodgers) 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. Rodgers, 812 P.2d 1208, 119 Idaho 1047, 1991 Ida. LEXIS 84 (Idaho 1991).

Opinions

BAKES, Chief Justice.

Daniel Edward Rodgers was convicted of first degree murder in a jury trial on March 18, 1988, and was sentenced to a fixed life term without the possibility of parole. Rodgers appealed his conviction and sentence, and the case was assigned to the Court of Appeals. The Court of Appeals affirmed on all of the issues, 119 Idaho 1066, 812 P.2d 1227. Rodgers filed a petition for review of the decision of the Court of Appeals, which this Court granted. After review of the record in this case, we affirm.

The factual background of this case was succinctly reported by the Court of Appeals in its opinion as follows:

Preston Murr attended a funeral in Boise on June 29, 1987. That afternoon, Murr and a small group of funeral participants became intoxicated and belligerent. A fight broke out between Murr and two others. Police were dispatched to the scene and Murr and the other two combatants were cited for disorderly conduct. Later that evening, Murr called the police from his sister’s apartment where he was staying with his girlfriend. Murr told the police that someone had called and threatened to kill him.
Murr made a telephone call to Rodgers, whom he knew, in an attempt to find out who had threatened him. He then left his girlfriend at the apartment and went to a Circle K store on Boise Avenue to meet Rodgers and Daron Cox. When Rodgers and Cox arrived at the store, Murr was observed using the pay telephone while holding a baseball bat. Murr joined Rodgers and Cox in Rodgers’ car and drove to Murr’s sister’s apartment where the three discussed the [1048]*1048threatening telephone call and the whereabouts of guns that had been stolen from Rodgers. The three left the apartment and drove to Rodgers’ house at 805 Linden Street where Rodgers obtained his gun. According to statements later made by Rodgers and Cox, Murr wanted to show Rodgers an apartment where he believed Rodgers’ stolen guns were located. The trio then drove throughout Boise trying to locate the,, apartment and the persons who allegedly had stolen Rodgers’ guns. Eventually Murr telephoned his girlfriend to inform her of his plans.
The trio then returned to 805 Linden Street. Around midnight, an altercation broke out and Murr was shot in the shoulder with a .357 magnum handgun. Murr ran out of the house and into the neighborhood in an attempt to escape. While trying to flee his attacker, Murr attempted to enter the home of a neighbor. The neighbor heard pounding at his door and someone screaming, “Let go of me.” Then he heard an anguished yell. Peeking out the window, the neighbor saw someone chasing Murr. Murr was finally apprehended by his assailant and taken back into the house at 805 Linden Street. Thereafter, Murr was fatally shot in the back of the head with a .357 magnum bullet to the brain.
About this time, the neighbor telephoned the Boise Police Department Dispatcher to report the commotion outside and reported that there appeared to be blood on his door. The neighbor then looked out his window again and noticed two people at 805 Linden Street moving around the porch and yard. He then saw one of them hosing down the porch with a garden hose. Then one of the persons approached his house with a flashlight and appeared to be looking for something. The neighbor watched through the curtains, expecting the police to arrive. However, the police never responded to the call and he went to bed.
Murr’s body had been cut into pieces with an axe and knives in the basement of Rodgers’ home and placed into plastic bags. The bags were put into the trunk of a brown Grand Prix automobile belonging to Rodgers’ wife. During the early morning hours of June 30, Rodgers and Cox drove the automobile to an area near Weiser, Idaho, on the Idaho-Oregon border. Most of the body parts were thrown into the Brownlee Reservoir. Part of the body that did not sink was taken to a bluff approximately 100 yards above the water. The plastic bags, bloody gloves and other clothing were discarded in a dumpster behind a convenience store in Meridian, Idaho.
The next morning, the neighbor observed a “brown sedan” stopped in the street next to his house, then it was driven away. He called the police and told them to come out and investigate the blood he found on his front screen door. The police arrived at the scene and upon seeing the trail of blood, called for backup. Blood was spattered on the neighbor’s house as well as other houses in the neighborhood. The area was then blocked off as investigators arrived to determine whether someone was injured inside the house. After knocking and calling without answer, the police sealed off the area and waited for search warrants to be issued before entering the residence at 805 Linden Street. There, the officers found blood in the house, particularly in the basement. Drugs and money were also found and seized. They discovered a bullet fragment inside a clothes dryer and a bullet hole in a door at the top of the basement stairs. Eventually, they located a handgun belonging to Rodgers in the bottom of a speaker stand or cabinet.
Rodgers and his wife were arrested on June 30 and charged with possession of controlled substances with intent to deliver and other drug-related crimes. A few days later people discovered parts of Murr’s body along the banks of the reservoir. Police charged Rodgers and Cox with murder. Cox talked to police, giving them details of the grisly murder, leading the police to evidence, placing blame on Rodgers for the murder, and [1049]*1049attributing his own involvement to his fear of Rodgers.
Separate trials were ordered for Rodgers and Cox. Rodgers’ trial was scheduled first. He testified during his trial but Cox was considered unavailable and was not called to testify. Although Rodgers had made some exculpatory statements to police early in the investigation about where he had been on the night of the murder, he did not admit, until trial, that he was present at the 805 Linden Street residence when Murr was killed.
At trial, Rodgers related that he tried to break up a knife fight which occurred in the basement between Murr and Cox. He testified that Murr suddenly came at him with a knife and he fired a warning shot in self-defense. The shot unintentionally struck Murr in the shoulder as Murr rushed into Rodgers, knocking him down and causing him to lose his gun. As Murr then fled up the stairs, Cox seized the gun and fired at him. Cox chased him down and brought him back to the basement. Rodgers was then upstairs when he heard the fatal shot. Cox then came up, said that he had killed Murr, and announced his plan to dispose of the body. Rodgers testified that he could not participate in the butchery but admitted that he helped clean up and dispose of the evidence.

The jury convicted Rodgers of first degree murder, and the Court of Appeals affirmed. This Court granted appellant’s petition for review primarily to consider the issue of the admissibility of expert testimony regarding the interpretation of blood spatter evidence. Rodgers claims that the trial court erred by allowing such testimony. Blood spatter analysis of evidence was discussed in Farris v. State, 670 P.2d 995, 997 (Ok.Crim.1983):

The geometric Blood Stain Interpretation is a method used to reconstruct the scene of the crime.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rodgers v. Valley
D. Idaho, 2022
45712 State v. Giltz
Idaho Court of Appeals, 2019
Anthony Wayne Simpson v. Commonwealth of Virginia
Court of Appeals of Virginia, 2013
State v. Grist
275 P.3d 12 (Idaho Court of Appeals, 2012)
State v. Williamson
166 P.3d 387 (Idaho Court of Appeals, 2007)
Andy Joe Holmes v. State
Court of Appeals of Texas, 2004
Holmes v. State
135 S.W.3d 178 (Court of Appeals of Texas, 2004)
Swallow v. Emergency Medicine of Idaho, P.A.
67 P.3d 68 (Idaho Supreme Court, 2003)
Smith v. Commonwealth
576 S.E.2d 465 (Supreme Court of Virginia, 2003)
Franco v. State
25 S.W.3d 26 (Court of Appeals of Texas, 2000)
State v. Trevino
980 P.2d 552 (Idaho Supreme Court, 1999)
State v. Thompson
977 P.2d 890 (Idaho Supreme Court, 1999)
West v. Sonke
968 P.2d 228 (Idaho Supreme Court, 1998)
State v. Hawkins
958 P.2d 22 (Idaho Court of Appeals, 1998)
Rodgers v. State
932 P.2d 348 (Idaho Supreme Court, 1997)
State v. Parkinson
909 P.2d 647 (Idaho Court of Appeals, 1996)
State v. Faught
908 P.2d 566 (Idaho Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
812 P.2d 1208, 119 Idaho 1047, 1991 Ida. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodgers-idaho-1991.