Gissel v. State
Idaho Supreme Court
727 P.2d 1153 (1986)
- Written by Samantha Arena, JD
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…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
