Upcoming Execution Tests Trump Administration’s Commitment to Religious Liberty

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on a religious liberty issue presented by the upcoming execution of Wesley Ira Purkey. Sarat explains that Purkey’s spiritual advisor is unable to attend Purkey’s execution due to the COVID-19 pandemic, and he points out that for the federal government to carry out the execution anyway would belie its purported commitment to religious liberty.

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Wilson v. Mocabee

Docket: 47056

Opinion Date: July 6, 2020

Judge: Bevan

Areas of Law: Civil Procedure, Real Estate & Property Law

Appellant Sean Mocabee and Respondent Lindsey Wilson lived together, but were not married. In 2013, after receiving a large inheritance, Wilson fully funded the purchase of a home in Kootenai County, Idaho. Per Wilson’s instruction to the title company, Mocabee’s name was included on the deed. In 2017, Wilson and Mocabee split. Shortly thereafter, Wilson filed a complaint against Mocabee for quiet title, unlawful detainer and partition of the home. Mocabee answered and counterclaimed, seeking partition and for the district court to declare Mocabee owned a fifty percent interest in the home. Mocabee also moved for summary judgment arguing the statute of limitations barred Wilson’s quiet title action. The district court granted Mocabee’s motion for summary judgment as to the quiet title action. Then case then proceeded to trial on the partition action. Mocabee filed a motion in limine asking the district court to exclude evidence demonstrating Wilson did not intend to give Mocabee a fifty percent ownership interest in the home. The district court denied the motion. After a bench trial, the district court concluded Wilson had a one hundred percent ownership interest in the home because she had contributed one hundred percent of the purchase price and the evidence did not establish Wilson intended to give Mocabee any ownership interest. As a result, the district court held that a partitioning of the home was unnecessary. Mocabee timely appealed, arguing the district court erred in: (1) using partition statutes to deprive him of any interest in the home; (2) denying Mocabee’s motion in limine; and (3) concluding Mocabee did not own a fifty percent ownership interest in the home by way of a gift from Wilson. Finding no reversible error, the Idaho Supreme Court affirmed the district court's judgment.

IDJC v. Dudley

Docket: 46627

Opinion Date: July 6, 2020

Judge: Bevan

Areas of Law: Constitutional Law, Criminal Law, Juvenile Law

In 2016, John Doe was cited for petit theft. Doe’s disposition hearing was held, and the magistrate court committed Doe to the custody of Idaho Department of Juvenile Corrections (“IDJC”). the magistrate court ordered Doe’s father, Dennis Dudley, to reimburse IDJC for expenses incurred in caring for and treating Doe pursuant to Idaho Code section 20-524(1). Doe and Dudley appealed the reimbursement order to the district court. The district court, acting in its intermediate appellate capacity, affirmed. Doe and Dudley timely appealed the district court’s decision. The Idaho Supreme Court dismissed the appeal, finding the reimbursement order against Dudley was not a final appealable order.