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Hunter v. State9/13/2002
not published until the trial concluded. The letter expressed sympathy for the plaintiffs and its publication raised the question of whether the juror prejudged the case. This issue is moot.
IX.
REMAINING ISSUES
The remaining issues that the appellants have raised are moot as a consequence of the Court's rulings.
X.
CONCLUSION
The judgment entered in the district court is reversed. The State and Mr. Wash are awarded costs. No attorney fees are allowed.
Chief Justice TROUT, Justices WALTERS and EISMANN CONCUR.
Justice KIDWELL, CONCURRING IN PART AND DISSENTING IN PART III.
The majority's opinion interprets "and" to mean "either"; I believe "and" means "and". The Hunters should have been required to prove both elements as required by the use of the word "and" in I.C. § 6-904A. If the legislature intended for plaintiffs to prove only one of the elements, then it would have used the word "or" in I.C. § 6-904A.
In relevant part, I.C. § 6-904A states, "a governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and with reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim. . . ."(Emphasis added).
Statutory interpretation is a question of law over which this Court exercises free review. State v. Quick Transport, Inc., 134 Idaho 240, 244, 999 P.2d 895, 899 (2000). Statutory interpretation begins with the plain meaning of the statute. State v. United States, 134 Idaho 940, 944, 12 P.3d 1284, 1288 (2000). If the statutory language is clear and unambiguous, this Court need merely apply the statute without engaging in statutory interpretation. State v. Hagerman Water Right Owners, Inc., 130 Idaho 727, 732, 947 P.2d 400, 405 (1997). When interpreting a statute, words should be given their usual and accepted meaning. In re Guardianship of Copenhaver, 124 Idaho 888, 893, 865 P.2d 979, 984 (1993). Based on the plain meaning of the language of I.C. § 6-904A, I would find that the district court erred in its ruling on this issue.
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