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| State v. Cutler, Docket No. 31789, 2007 Opinion No. 4,
COURT OF APPEALS OF IDAHO, February 12, 2007, Filed
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Overview: Motion to suppress drugs was denied because defendant lacked standing to challenge an inventory search of a rental car under the Fourth Amendment or Idaho Const. art. I, § 17 under the totality of the circumstances test; he was not an authorized user under the contract, the authorized user did not give him permission, and the agreement was expired.
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| State v. Doe (In re Doe), Docket No. 32575, 2007 Opinion No. 5,
COURT OF APPEALS OF IDAHO, February 15, 2007, Filed
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Overview: State alleged that appellant, a juvenile, committed malicious injury to property, in violation of Idaho Code Ann. § 18-7001. Even though appellant did not set fire to an apartment complex, but instead he allegedly burned some weeds, appellant's alleged malicious intent was transferred to destruction of apartment complex.
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| State v. Heredia, Docket No. 32249, 2007 Opinion No. 25,
SUPREME COURT OF IDAHO, February 15, 2007, Filed
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Overview: Defendant entered a guilty plea to involuntary manslaughter; however, defendant was permitted to withdraw his plea because a magistrate court failed to inform defendant, prior to accepting plea as required by Idaho Crim. R. 11, that defendant would be required to pay child support for victim's children, pursuant to Idaho Code Ann. § 18-4007(3)(d).
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| Martinez v. State, Docket No. 32349, 2007 Opinion No. 6,
COURT OF APPEALS OF IDAHO, February 16, 2007, Filed
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Overview: A district court erred in summarily dismissing an application for postconviction relief where petitioner had raised genuine issues of fact as to whether he was aware of the intent element of the charge under Idaho Code Ann. § 37-2732(c)(1) when he pled guilty and whether his defense counsel was ineffective in failing to inform him of that element.
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| Estate of E. A. Collins v. Geist, Docket No. 32018, 2007 Opinion No. 26,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: Creator of original limited liability company (LLC) was authorized to transfer deeds on behalf of successor LLC because use of his credit to obtain construction loans was sufficient consideration to show he was member of new LLC under Idaho Code Ann. § 53-626 and conduct showed he was agent of new LLC for authority under Idaho Code Ann. § 53-634.
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| Finholt v. Cresto, Docket No. 32448, 2007 Opinion No. 29,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: A grant of summary judgment against a driver's employer and against plaintiff driver in her action for damages arising out of an automobile collision was appropriate because the doctrine of respondeat superior was inapplicable since plaintiff raised only a speculation about whether the other driver might have still been engaged in his work.
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| Lake v. Purnell, Docket No. 32435, 2007 Opinion No. 27,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: Prevailing plaintiffs were properly awarded attorney fees based on a contingent fee agreement because Idaho Code Ann. § 7-1509(9) expressly provided the same discretion to award fees in Small Lawsuit Resolution Act cases as in court cases, and fees were awarded under Idaho Code Ann. § 12-120(4) in manner consistent with Idaho R. Civ. P. 54(e)(3).
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| State Tax Comm'n v. I R Trucking Trust, Docket No. 32776, 2007 Opinion No. 31,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: Taxpayers did not file a complaint seeking review of Idaho State Tax Commission's three separate decision regarding the tax deficiencies of the taxpayers. Instead, they sought to collaterally attack Commission's determination regarding their tax liability. Thus, district court properly granted summary judgment to Commission, Idaho R. Civ. P. 56(c).
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| State v. Dalrymple, Docket No. 33447, 2007 Opinion No. 28,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: Defendant understood and validly waived his Sixth Amendment right to counsel because (1) he had been warned about the advantages and disadvantages of representing himself; (2) his attorney could not figure out how to establish a foundation for hypnosis defense testimony; and (3) he discharged his attorney and presented his hypnosis defense pro se.
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| State v. Jenkins, Docket No. 33347, 2007 Opinion No. 30,
SUPREME COURT OF IDAHO, February 21, 2007, Filed
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Overview: Denial of defendant's motion to suppress was affirmed where although defendant had reasonable expectation of privacy in his temporarily opened attached garage under the Fourth Amendment, officer had probable cause to arrest defendant at time of stop, Idaho Code § 19-603, as he believed felony had been committed based on victim's statements.
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