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Idaho Supreme Court Vacates No Contact Order Imposed on Sex Offender
On December 29, 2009, the Supreme Court of Idaho vacated a no contact order that precluded a sex offender from having any contact with minors.
Brian Cobler was sentenced to ten years in prison after pleading guilty to having a sexual relationship with a 17-year old. As part of Cobler’s sentence, the judge in the case entered a no contact order prohibiting Cobler from having any contact with minors until dismissal of the case, effectively precluding Cobler from having any contact with his minor children.
Cobler moved to amend the no contact order to allow him to have contact with his kids. The district judge denied the motion without explanation.
The Idaho Supreme Court held that the district judge erred in denying Cobler’s motion to amend because the court failed to “provide legal grounds for denial of the motion.” Furthermore, the court held that Idaho Criminal Rule 46.2 required an expiration date on all no contact orders.
The matter was accordingly remanded to the district judge for further proceedings.
See: Idaho v. Cobler, 148 Idaho 769, 229 P.3d 374 (Sup. Ct. of Idaho).
Brian Cobler was sentenced to ten years in prison after pleading guilty to having a sexual relationship with a 17-year old. As part of Cobler’s sentence, the judge in the case entered a no contact order prohibiting Cobler from having any contact with minors until dismissal of the case, effectively precluding Cobler from having any contact with his minor children.
Cobler moved to amend the no contact order to allow him to have contact with his kids. The district judge denied the motion without explanation.
The Idaho Supreme Court held that the district judge erred in denying Cobler’s motion to amend because the court failed to “provide legal grounds for denial of the motion.” Furthermore, the court held that Idaho Criminal Rule 46.2 required an expiration date on all no contact orders.
The matter was accordingly remanded to the district judge for further proceedings.
See: Idaho v. Cobler, 148 Idaho 769, 229 P.3d 374 (Sup. Ct. of Idaho).
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Related legal case
Idaho v. Cobler
| Year | 2009 |
|---|---|
| Cite | 148 Idaho 769, 229 P.3d 374 (Sup. Ct. of Idaho) |
| Level | State Supreme Court |
| Injunction Status | N/A |