STATE v. KIMBLEY

Docket No. 49207.

539 P.3d 969 (2023)

STATE of Idaho, Plaintiff-Respondent, v. Kenneth Bernard KIMBLEY, III, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, September 2023 Term.

Opinion Filed: December 5, 2023.


Attorney(s) appearing for the Case

Phelps & Associates, Spokane, Washington, for Appellant, Kenneth Bernard Kimbley, III. Douglas D. Phelps argued.

Raúl R. Labrador , Idaho Attorney General, Boise, for Respondent, State of Idaho. Justin R. Porter argued.


This case concerns a criminal trial that occurred during the COVID-19 pandemic. In addition, this appeal largely serves as a cautionary illustration of the consequences of failing to preserve issues for appeal. In June 2021, Kenneth Bernard Kimbley, III, was found guilty on four counts of lewd and lascivious conduct following a...

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