Brown v. Idaho State Board of Pharmacy

BURNETT, Judge,

specially concurring.

I join in the Court’s opinion but write separately to emphasize that this case arose, and was heard, prior to adoption of the Idaho Rules of Evidence. Accordingly, our discussion of the “state of mind” issue is not intended to be an interpretive gloss upon those Rules. As noted by the committee which drafted the Rules, the federal courts have been divided on the question whether one person’s state of mind may be used to prove another person’s future conduct. The answer to that question under the Idaho Rules awaits another case. See REPORT OF IDAHO RULES OF EVIDENCE COMMITTEE (1984) at C 803 p. 4.