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| Bray v. Pioneer Irrigation Dist. (In re SRBA case No. 39576), Docket No. 31794, 2007 Opinion No. 42,
SUPREME COURT OF IDAHO, March 9, 2007, Filed
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Overview: In an action arising from water rights claims by the U.S. Bureau of Reclamation and certain irrigation entities, as the right to use of the water was specifically derived from law and was not based exclusively on the contracts between the Bureau and the entities, the Snake River Basin Adjudication court had exclusive jurisdiction over the claims.
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| State v. Phillips, Docket No. 31872, 2007 Opinion No. 13,
COURT OF APPEALS OF IDAHO, March 9, 2007, Filed
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Overview: Where defendant was convicted of aggravated assault under Idaho Code Ann. §§ 18-901 and 18-905 for hitting a windshield with a pickax, a new trial was warranted because the prosecutor's rebuttal argument suggested that jurors ought to respond to the testimony of defendant and witnesses with irritation and resentment; the error was not harmless.
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| State v. Sheldon, Docket No. 31782, 2007 Opinion No. 14,
COURT OF APPEALS OF IDAHO, March 9, 2007, Filed
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Overview: District court did not err by overruling defendant's Idaho R. Evid. 404(b) objection to the cash that was found in his vehicle because the presence of cash in defendant's vehicle, discovered contemporaneously with the methamphetamine, was not evidence of another crime, wrong, or act of defendant.
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| United States v. Pioneer Irrigation Dist. (In re SRBA Case No. 3957), Docket No. 31790, 2007 Opinion No. 41,
SUPREME COURT OF IDAHO, March 9, 2007, Filed
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Overview: In a dispute between the U.S. Bureau of Reclamation (BOR) and irrigation entities, rights held by BOR were subject to rights of the beneficial users that were served by the irrigation districts because, inter alia, under the Reclamation Act of 1902 and Idaho law, beneficial users had an interest that was stronger than mere contractual expectancy.
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| State v. Davis, Docket No. 32637, 2007 Opinion No. 15,
COURT OF APPEALS OF IDAHO, March 13, 2007, Filed
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Overview: Defendant's conviction for possession of methamphetamine in violation of Idaho Code Ann. § 37-2732(c)(1) was appropriate because the Information was sufficient to charge the crime and to vest the district court with jurisdiction to hear the case. His sentence was appropriate in view of his extensive criminal record.
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| State v. Murphy, Docket No. 33008, 2007 Opinion No. 16,
COURT OF APPEALS OF IDAHO, March 13, 2007, Filed
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Overview: Although defendant, who had been sentenced to concurrent terms of life imprisonment with 40 years determinate, argued that a life sentence by law and or custom in Idaho was subject to a maximum of 30 years imprisonment, a life sentence had never been a 30-year sentence under Idaho law, nor was there any custom and usage making it so.
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| Hopper v. Hopper, Docket No. 31423, 2007 Opinion No. 43,
SUPREME COURT OF IDAHO, March 19, 2007, Filed
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Overview: In a case where a mother violated Idaho Code Ann. § 18-4506.1 when she secretly removed a child from Idaho, it was error to determine the best interest of the child by looking to the mother's substantial relationship with the infant under Idaho Code Ann. § 32-717(1); rather, the mother should have been ordered to return to Idaho.
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| Ticor Title Co. v. Stanion, Docket No. 32649, 2007 Opinion No. 44,
SUPREME COURT OF IDAHO, March 21, 2007, Filed
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Overview: In suit by a title company against a land seller to recover alleged overpayment, matter was res judicata because seller had filed a Chapter 13 bankruptcy petition, and issue of overpayment to seller could and should have been litigated in the prior bankruptcy proceedings, where title company had appeared.
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| State v. Amelia, Docket No. 31885, 2007 Opinion No. 18,
COURT OF APPEALS OF IDAHO, March 22, 2007, Filed
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Overview: A conviction in a drug case was reversed because the oral instructions given by a district court did not coincide with the written instructions under Idaho Crim. R. 30(b); prejudice was shown because defense counsel's closing argument was tailored to fit the oral instructions.
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| State v. McBaine, Docket No. 32368, 2007 Opinion No. 17,
COURT OF APPEALS OF IDAHO, March 22, 2007, Filed
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Overview: Although defendant's Fourth Amendment rights were violated when a police officer briefly entered his residence to interview his wife regarding a report of a methamphetamine lab, the unlawful entry did not taint defendant's later consent to search where no evidence was gained by the unlawful intrusion.
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