Idaho v. McDay

Acting pro se, James McDay appealed a district court judgment that affirmed the Idaho State Police Bureau of Criminal Identification (“BCI”)’s denial of McDay’s request to have two criminal cases expunged from his record. In 2005, McDay was arrested for driving under the influence. On the same day, the prosecuting attorney filed a case against McDay; the magistrate court ultimately issued an order finding probable cause. On August 3, 2005, the case was dismissed. In 2009, McDay was arrested for: (1) driving without privileges; (2) failure to provide proof of insurance; and (3) possession of drug paraphernalia. The next day, the prosecuting attorney filed a case against McDay; the magistrate court ultimately issued an order finding probable cause on all three charges. The charges were subsequently reduced or dismissed on May 6, 2009. In 2016, McDay sought to have both criminal cases expunged. BCI denied the request, determining they were ineligible for expungement. He took his grievance to the district court, which found McDay’s failure to follow procedural rules was fatal to his appeal; namely, McDay failed to provide the district court with an agency record for review. McDay timely appealed to the Idaho Supreme Court, which affirmed the district court: "McDay fails to present any cogent argument or authority to achieve such a remedy. [. . .] Because McDay’s arguments lack citations to the record, citations of applicable authority, and comprehensible argument, this Court will not consider them on appeal." View "Idaho v. McDay" on Justia Law