Idaho Supreme Court

Shane McKay, Petitioner/appellant v. State of Idaho, Respondent/respondent

January 29, 2010148 Idaho 567

Summary

The court held that McKay made a prima facie showing that trial counsel was ineffective for failing to object to jury instructions that omitted the requirement that his intoxicated driving be a significant cause contributing to the victim's death. The omitted element was material because causation was disputed and the defense presented evidence supporting reasonable doubt. The court vacated the summary dismissal and remanded for an evidentiary hearing, declining to address the appellate-counsel claim.