# State v. Doe

> Idaho Supreme Court · September 25, 2006 · 143 Idaho 343

URL: https://www.frixlaw.com/law-library/cases/9786946

## Case

- **Full name:** In the Matter of Jane DOE and Others: Children Under Eighteen Years of Age. State of Idaho, Petitioner-Respondent, v. John Doe, Respondent-Appellant
- **Court:** Idaho Supreme Court
- **Decided:** September 25, 2006
- **Citations:** 143 Idaho 343; 144 P.3d 597; 2006 Ida. LEXIS 126
- **Precedential status:** Published
- **Opinion:** Concurrence by Eismann
- **Judges:** Trout, Eismann, Burdick, Jones, Schroeder
- **Cited by:** 355 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9786946

## How later opinions describe it (automated extraction)

- holding that the magistrate court’s findings were sufficient and amply supported by the record even if additional details would have been helpful
- explaining “Doe was sentenced to probation for felony domestic battery”

## Opinion text

Justice EISMANN,
specially concurring.
I concur in the majority opinion, but I also agree with the dissent that the trial court’s findings of fact are woefully inadequate. I also agree that the trial court erred in holding against Doe the fact that the woman he chose to marry would later prove inadequate as a parent. The trial court’s conclusory findings, however, are supported by uncontradicted evidence. Had the evidence been disputed, I would vote to vacate the judgment and remand for further findings.
As the majority opinion states, “Doe spent only six weeks with Jane, out of a possible two years where he was free from incarceration and the very act of absconding intentionally cut off all contact with Jane.” Prior to his incarceration, Doe had ample opportunity to demonstrate, by his conduct, that he could be a parent to Jane. He did not do so. After he was placed on probation, he chose to abscond and flee to Seattle. During the approximate year he was on the run, he did not provide Jane with anything. His decision to abscond also resulted in his current incarceration.
Once he was incarcerated, Doe decided that he would like to make an effort to have some relationship with Jane. It is simply too little too late. The uncontradicted evidence shows that he neglected Jane and that such neglect justifies terminating his parental rights.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786946. Public record. Not legal advice.