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STATE v. CLAIBORNE

No. 18509.

818 P.2d 285 (1991)

120 Idaho 581

STATE of Idaho, Plaintiff-Respondent, v. Billy Gilbert CLAIBORNE, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1991 Term.

Dissent on Denial of Rehearing October 29, 1991.

Attorney(s) appearing for the Case

Seiniger, Nevin, Kofoed and Herzfeld, Boise, for defendant-appellant. David Z. Nevin, argued.

Larry J. EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael A. Henderson, argued.

McDEVITT, Justice.

Billy Gilbert Claiborne was under investigation by the Ada County Sheriff's Department as a result of allegations brought by a twelve-year-old girl and her mother accusing Claiborne of attempting to entice the girl into performing sexual acts with him. On January 11, 1989, after talking to the young girl and tape-recording a conversation between her and the defendant, Ada County Sheriff's Detective Ken...

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