Quimbee logo
DMCA.com Protection Status

Gissel v. State

727 P.2d 1153 (1986)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

Gissel v. State

Idaho Supreme Court

727 P.2d 1153 (1986)

Facts

After officials from the Idaho Department of Fish and Game observed Lester and Conrad Gissel (plaintiffs) harvesting rice on land jointly owned by the State of Idaho (defendant) and the National Forest Service, the county prosecutor secured a search warrant for Lester’s home. Upon searching the residence, state officers found and seized 180 bags of rice. The Gissels were subsequently convicted of trespass. Prior to trial, the rice was sold for a profit. The Gissels filed a Notice of Claim against the state to the proceeds of the sale. When the state denied liability, the Gissels filed a complaint alleging the negligent seizure and disposal of the rice, and failure to account to the Gissels for the sale proceeds. The district court concluded that the Gissels were entitled to recover from the state the $10,500 in proceeds from the sale of the rice that had been harvested from the National Forest Service-owned land, but not the $10,500 in proceeds from the sale of rice harvested on the state-owned land, to which the state was rightfully entitled. The court reasoned that the state unlawfully converted the proceeds from the sale of the rice harvested on federal land. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Donaldson, C.J.)

Dissent (Bakes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 516,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 516,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 516,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership