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| Benninger v. Derifield, Docket No. 30999, 2006 Opinion No. 8,
SUPREME COURT OF IDAHO, February 2, 2006, Filed
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Overview: Where the landowners purchased a lot in 1967 and built their home adjacent to the neighbors' property, the landowners had a prescriptive easement across the neighbors' property to use a shared driveway. The landowners were not entitled to monetary damages for a nuisance under Idaho Code § 52-111, because the driveway was no longer obstructed.
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| Idaho State Bar v. Souza (In re Souza), Docket No. 31804, 2006 Opinion No. 9,
SUPREME COURT OF IDAHO, February 2, 2006, Filed
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Overview: State supreme court rejected an agreement between the Idaho State Bar and an attorney and ordered that due to the attorney's past disciplinary violations that the attorney be suspended 36 months, with 30 months withheld, and ordered the attorney to pay the client $22,000, which was the amount of the settlement offer the attorney failed to accept.
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| State v. Cope, Docket No. 32175, 2006 Opinion No. 7,
SUPREME COURT OF IDAHO, February 2, 2006, Filed
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Overview: Appellate court affirmed defendant's life sentence under Idaho Code § 18-4004 as defendant killed a man by decapitating him and mutilating his head, his sentence was within the range for second-degree murder, and defendant's expert testified that defendant would still be a danger to society even if he regularly took his medication.
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| State v. Huffman, Docket No. 31836, 2006 Opinion No. 10,
COURT OF APPEALS OF IDAHO, February 2, 2006, Filed
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Overview: Court did not abuse its discretion by denying Idaho Crim. R. 35 motion for sentence reduction; defendant had pleaded guilty to burglary and grand theft, violations of Idaho Code §§ 18-1401, 18-2403, and 18-2407, had 6 felony convictions, had absconded from parole, and his sentences were to run concurrent with each other and pre-existing sentences.
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| State v. Dickerson, Docket No. 30367, 2006 Opinion No. 11,
COURT OF APPEALS OF IDAHO, February 3, 2006, Filed
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Overview: Defendant's conviction for failing to register as a sex offender under former Idaho Code Ann. § 18-8304(1)(b) was reversed as it was unconstitutional; the State's interest in apprehending reoffending sex offenders was not rationally advanced by a classification that differentiated between offenders based upon their date of entry into the state.
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| State v. Von Huffstutler, Docket No. 31821, 2006 Opinion No. 12,
COURT OF APPEALS OF IDAHO, February 6, 2006, Filed
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Overview: In granting defendant's motion to suppress, district court did not err by concluding that an encounter between defendant and police did not become consensual when defendant's driver's license was returned to him. Defendant was not told he could leave after his license was returned but was subjected to questioning that carried an accusatory tenor.
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| Lieurance-Ross v. Ross, Docket No. 31594, 2006 Opinion No. 13,
COURT OF APPEALS OF IDAHO, February 7, 2006, Filed
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Overview: Magistrate's award of attorney fees represented an abuse of its discretion and was reversed because the husband's child custody claim was not frivolous, when a parent with a guardian was not precluded from exercising any level of custody of his or her child.
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| State v. Harvey, Docket No. 30608, 2006 Opinion No. 14,
COURT OF APPEALS OF IDAHO, February 7, 2006, Filed
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Overview: Although a court erred by admitting defendant's misdemeanor conviction to rebut testimony regarding his good character around children, Idaho R. Evid. 404, the properly admitted violent crime convictions were the more decisive factors in rebuttal of the opinion evidence and the effect on the character witness's testimony would have been the same.
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| Gibson v. Ada County , Docket Nos. 29694/30976/31553, 2006 Opinion No. 10,
SUPREME COURT OF IDAHO, February 9, 2006, Filed
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Overview: Employee was terminated from employment for a county sheriff's office. District court properly determined that 42 U.S.C.S. § 1983 action was time-barred because the applicable statute of limitations was two years, and matter accrued when hearing officer affirmed decision. Summary judgment for county was proper on its suit to recover overpaid wages.
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| State v. Lewis, Docket No. 31684, 2006 Opinion No. 15,
COURT OF APPEALS OF IDAHO, February 13, 2006, Filed
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Overview: The granting of defendant's motion to suppress statements that he made to an officer was improper where he failed to demonstrate that the officer lost the recordings in bad faith. Thus, defendant failed to establish that his right to due process under the Fourteenth Amendment had been violated.
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