State v. Williamson

166 P.3d 387, 144 Idaho 597, 2007 Ida. App. LEXIS 43, 2007 WL 1438128
CourtIdaho Court of Appeals
DecidedMay 17, 2007
Docket33068
StatusPublished
Cited by13 cases

This text of 166 P.3d 387 (State v. Williamson) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Williamson, 166 P.3d 387, 144 Idaho 597, 2007 Ida. App. LEXIS 43, 2007 WL 1438128 (Idaho Ct. App. 2007).

Opinions

PERRY, Chief Judge.

Isaac Burton Williamson appeals from the intermediate appellate order of the district court affirming Williamson’s judgment of conviction for exceeding the speed limit. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Two police officers, one acting as a spotting officer and the other as a chase officer, were part of a traffic enforcement unit. The spotting officer was positioned on an overpass where he could see vehicles traveling on the roadway below. The spotting officer visually determined that a vehicle, driven by Williamson, was traveling in excess of the speed limit. The spotting officer confirmed his visual estimation with a laser speed detection device and then reported to the chase officer that the vehicle was traveling at 76 mph. The posted speed limit was 55 mph. The spotting officer also relayed to the chase officer the make and model of Williamson’s vehicle. The chase officer, in a separate police vehicle, pursued Williamson’s vehicle and was guided directly behind it via radio by the spotting officer who was visually monitoring the pursuit from his vantage point. Acting on the information relayed to him, the chase officer stopped Williamson and issued him a citation.

At trial, both police officers testified, as did Williamson, who was acting pro se. After trial, the magistrate found Williamson guilty of driving a vehicle in excess of the maximum speed limit, I.C. § 49-654(2), and entered a judgment of conviction. Williamson appealed his judgment of conviction to the district [599]*599court, which the district court affirmed. Williamson again appeals.

II.

ANALYSIS

On review of a decision of the district court, rendered in its appellate capacity, we examine the record of the trial court independently of, but with due regard for, the district court’s intermediate appellate decision. State v. Bowman, 124 Idaho 936, 939, 866 P.2d 193, 196 (Ct.App.1993). On appeal, Williamson challenges the admissibility of the results of the laser speed detection device and a portion of the chase officer’s testimony. Williamson also challenges the sufficiency of the evidence to sustain his judgment of conviction.

A. Admissibility of Evidence

The decision whether to admit evidence at trial is generally within the province of the trial court. A trial court’s determination that evidence is supported by a proper foundation is reviewed for an abuse of discretion. State v. Gilpin, 132 Idaho 643, 646, 977 P.2d 905, 908 (Ct.App.1999). Therefore, a trial court’s determination as to the admission of evidence at trial will only be reversed where there has been an abuse of that discretion. State v. Zimmerman, 121 Idaho 971, 973-74, 829 P.2d 861, 863-64 (1992). When a trial court’s discretionary decision is reviewed on appeal, the appellate court conducts a multi-tiered inquiry to determine: (1) whether the lower court correctly perceived the issue as one of discretion; (2) whether the lower court acted within the boundaries of such discretion and consistently with any legal standards applicable to the specific choices before it; and (3) whether the lower court reached its decision by an exercise of reason. State v. Hedger, 115 Idaho 598, 600, 768 P.2d 1331, 1333 (1989).

1. General reliability of laser devices

On appeal, Williamson asserts the magistrate abused its discretion in admitting the results of the laser speed detection device. Williamson argues the state failed to present scientific evidence of the laser’s general reliability and, as a result, the evidence is inadmissible. While not entirely clear, Williamson also appears to argue that because the magistrate did not take judicial notice of the general reliability of the laser to measure speed and the state did not request it do so, the magistrate erred in admitting the evidence absent such judicial notice.

We note initially that when a party appeals the decision of an intermediate appellate court, the appellant may not raise issues that are different from those presented to the intermediate court. State v. Sheahan, 139 Idaho 267, 275, 77 P.3d 956, 964 (2003). While the parties’ briefs submitted to the district court are not in the record before us, the district court’s order affirming Williamson’s judgment of conviction is. The language of the district court’s order makes it unclear whether, on intermediate appeal, Williamson challenged the state’s evidence establishing the accuracy of the individual laser used by the spotting officer or the scientific reliability of lasers in general. However, because the issues framed by the intermediate court’s opinion could have included the reliability of lasers in general, we consider Williamson’s argument on appeal.

Previously, we have accepted the general reliability of radar speed detection devices. See State v. Kane, 122 Idaho 623, 624, 836 P.2d 569, 570 (Ct.App.1992). We accepted the general reliability of such devices on the basis of decided cases in other jurisdictions in the absence of any relevant Idaho statute. Id. See also State v. Garrett, 119 Idaho 878, 881, 811 P.2d 488, 491 (1991) (holding the nystagmus eye test may provide probable cause to arrest in driving under the influence cases as multiple jurisdictions have concluded it is scientifically, generally reliable.)

Similarly, the general reliability of laser speed detection devices has also been accepted in other jurisdictions. See Ga.Code Ann. § 40-14-17 (evidence of speed based on a laser detection device is considered scientifically reliable and admissible); Va.Code Ann. § 46.2-882 (speed of any motor vehicle may be determined by the use of a laser speed determination device); State v. Stoa, 112 Hawai'i 260, 145 P.3d 803, 809-11 (Ct.[600]*600App.2006) (laser speed device results are premised on well understood scientific principles); Goldstein v. State, 339 Md. 563, 664 A.2d 375, 381 (1995) (results of a laser speed device were admissible as they are premised on reliable, well-understood scientific principles); State v. Abeskaron, 326 N.J.Super. 110, 740 A.2d 690, 694 (App.Div.1999) (affirming lower court’s determination that laser devices, subject to listed restrictions, are an appropriate tool to measure speed); City of Columbus v. Barton, 106 Ohio Misc.2d 17, 733 N.E.2d 326, 327 (1994) (laser device is a reliable and accurate method of scientifically measuring the speed of a moving object); Jury v. State, Dept. of Licensing, 114 Wash. App. 726, 60 P.3d 615, 619 (2002) (acknowledging that laser speed detection technology is accepted in other jurisdictions as scientifically reliable).

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Bluebook (online)
166 P.3d 387, 144 Idaho 597, 2007 Ida. App. LEXIS 43, 2007 WL 1438128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williamson-idahoctapp-2007.