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| Bajrektarevic v. Lighthouse Home Loans, Inc., Docket No. 32324, 2007 Opinion No. 15,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: A lock-in agreement regarding the refinancing of a home loan for a certain interest rate was a legally enforceable contract where the language of the document showed that a lender intended it to be a binding agreement, and it stated the interest rate was not subject to change.
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| Capstar Radio Operating Co. v. Lawrence, Docket No. 32090, 2007 Opinion No. 13,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: Sale agreement did not create an express easement under Idaho Code Ann. § 9-503 where it did not indicate an immediate grant of easement rights; it gave the seller the right to obtain an access easement for the benefit of other property, and there was no intent to convey any property interest until the balance owing on the sale agreement was paid.
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| Halper v. Jerome County (In re Quesnell Dairy Review of Administrator's Approval Decision), Docket No. 31819, 2007 Opinion No. 7,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: Appeal from the granting of a livestock permit should not have been dismissed as untimely because county commissioners caused confusion regarding the 28-day time period in Idaho Code Ann. § 67-5273(3), 67-6521(d) in their decision, and it was reasonable for an objector to read the decision as setting a certain date as the final date of appeal.
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| Melichar v. State Farm Fire and Cas. Co., Docket No. 31714, 2007 Opinion No. 16,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: A directed verdict in favor of the insurer in the insureds' action for breach of contract, breach of implied warranty, and breach of express warranty was proper because an "accident" occurred during the policy period in which the policy holder was actually damaged, and not the period in which the event giving rise to the loss occurred.
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| Moreland v. Adams, Docket No. 32284, 2007 Opinion No. 10,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: Summary judgment was granted to landowners in a wrongful death case because immunity under Idaho Code Ann. § 25-2118 applied where a motorcycle rider was killed by a calf in the road; because the collision fell outside of any city, village, or herd district, and it was in an open range area, there was no duty to keep the calf off the highway.
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| State v. Conant, Docket No. 30305/33010, 2007 Opinion No. 9,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: Drugs the officer found on defendant's person during a search incident to his arrest should not have been suppressed as defendant was on a premises licensed to sell liquor when confronted by the officer, and defendant refused to present his identification in violation of Idaho Code Ann. § 23-943A, giving the officer probable cause to arrest.
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| State v. District Court (In re Petition for Writ of Prohibition), Docket No. 29203, 2007 Opinion No. 6,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: State was not entitled to a writ of prohibition to enjoin district court from assessing fees for special master against the State because the appointment of special masters and assessment of costs under Idaho R. Civ. P. 53 and 54 were discretionary matters; further, Idaho Code Ann. §§ 12-101 and 12-121 provided authority for the award of such fees.
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| State v. Hedges, Docket No. 32464, 2007 Opinion No. 1,
COURT OF APPEALS OF IDAHO, January 26, 2007, Filed
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Overview: Although police had no duty to make a telephone available to defendant to arrange for independent BAC testing under Idaho Code Ann. § 18-8002(4)(d) when defendant did not request it, defendant's assertion of his right to obtain such a test after his release triggered a police duty not to unreasonably delay defendant's booking process and release.
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| State v. Henage, Docket No. 31205, 2007 Opinion No. 12,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: Court erred in denying defendant's motion to suppress evidence where court based its determination that a police officer was justified in initiating weapons search upon subjective feeling attributed to officer rather than determination as to whether reasonably prudent man in circumstances would be warranted in belief that his safety was in danger.
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| Stewart v. Stewart, Docket No. 31905, 2007 Opinion No. 8,
SUPREME COURT OF IDAHO, January 26, 2007, Filed
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Overview: In divorce action, magistrate judge did not abuse its discretion in determining that former husband's medical practice had value in goodwill in excess of the husband's personal skills when the judge relied on the capitalized excess earnings method to calculate the value and considered other factors that had separate value from the husband's skills.
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