State v. Sivak, 806 P.2d 413 (Idaho 1990)

Cases | State v. Sivak, 806 P.2d 413 (Idaho 1990) | 2018

The defendant was convicted of first-degree murder and sentenced to death. The defendant challenged the admission at trial of testimony by the victim’s husband describing the impact of the death and recommending the death penalty. The defendant also challenged admission of testimony by the victim’s employer’s representative, who described the effect of the death on local industry and the manner in which the victim was killed. The supreme court held that testimony of the victim’s husband was prohibited by federal and state precedent, but that testimony of the employer’s representative was not a victim impact statement because it related to the impact on society rather than on the victim or the victim’s family.