‘Car Trouble’ Excuse No Good, Judge Rules

The Idaho Court of Appeals has unanimously rejected the claim of a Nampa man that his rights were violated when his burglary trial continued even though he could not make it because his car broke down.

Chief Judge Karen Lansing, writing for the court on Thursday, said Stephen Lee Miller waived his right to object to the continuation of his trial while he was absent when his attorney declined to ask for a mistrial on those grounds.

But aside from that, Lansing pointed out that Miller had blamed car trouble for being late when his trial began. Miller explained at that time that he had been having problems with the car for a week.

Miller’s claim that his right to be present during all of his trial was violated would be valid only if his absence was involuntary, she said.

“Relying upon an automobile that was known to be untrustworthy to transport him from his home in Nampa to the trial in Boise was a calculated risk on Miller’s part and was not the type of involuntary event that would justify his absence from trial,” Lansing wrote.

Miller was sentenced to two years for stealing tubing and wire from a vacant Boise theater.