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| State v. Irwin, Docket No. 30866, Docket No. 31200, 2006 Opinion No. 25,
COURT OF APPEALS OF IDAHO, April 6, 2006, Filed
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Overview: Where defendant refused to submit to a breath test, she was arrested for DUI; the magistrate properly ordered suspension of her driver's license under Idaho Code Ann. § 18-8002. Defendant did not show that a violation of her Fourth Amendment rights occurred when the officer opened the door of the automobile before directing defendant to come out.
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| State v. Pruett, Docket No. 31530, 2006 Opinion No. 24,
COURT OF APPEALS OF IDAHO, April 6, 2006, Filed
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Overview: Dismissal of charge for misuse of public money in violation of Idaho Code § 18-5701, was affirmed because the State failed to show defendant, a city police officer, was charged with the receipt, safe keeping, transfer or disbursement of public moneys sufficient to put him under the purview of the statute.
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| State v. Rodriguez, Docket No. 31919, 2006 Opinion No. 26,
COURT OF APPEALS OF IDAHO, April 7, 2006, Filed
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Overview: Court dismissed defendant's appeal of an order denying his pro se Idaho Crim. R. 35 motion because his appellate challenge to the denial of his Rule 35 motion was waived by his plea agreement. Defendant's statements that he was going to turn his life around and not use drugs anymore did not equate to new evidence sufficient to review his sentence.
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| Fenn v. Noah, Docket No. 31433, 2006 Opinion No. 36,
SUPREME COURT OF IDAHO, April 11, 2006, Filed
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Overview: Since the buyer had a right under the Idaho Consumer Protection Act, Idaho Code § 48-601 et seq., to collect statutory damages, his appeal was not moot; however, there was no actual misrepresentation under Idaho Code § 48-603 as there was no difference between what the buyer received and the metes and bounds description in the contract.
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| Schneider v. Howe, Docket No. 30248, 2006 Opinion No. 35,
SUPREME COURT OF IDAHO, April 11, 2006, Filed
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Overview: Court did not err in denying homeowners' motion for summary judgment and in granting declaratory judgment for a neighboring owner in his action for declaration that a public road easement existed over a portion of an adjacent subdivision as shown on the plat of the subdivision and landowner had standing because he had demonstrated a future injury.
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| State v. Thompson, Docket No. 31305, 2006 Opinion No. 28,
COURT OF APPEALS OF IDAHO, April 11, 2006, Filed
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Overview: Although the elements jury instruction was missing an essential element, whether defendant knew the substance possessed was a controlled substance, that error was harmless. There was overwhelming evidence that defendant knew the substance possessed was controlled, and the jury properly convicted him for possession of methamphetamine.
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| Suits v. State, Docket No. 31444, 2006 Opinion No. 27,
COURT OF APPEALS OF IDAHO, April 11, 2006, Filed
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Overview: In a drug case, counsel was not ineffective for concluding that the petitioner was required to admit committing the elements of possession as a prerequisite to claiming that he was entrapped because there was an absence of definitive authority on the issue.
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| State v. Owen, Docket No. 31404, 2006 Opinion No. 29,
COURT OF APPEALS OF IDAHO, April 12, 2006, Filed
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Overview: Trial court erred in denying defendant's motion to suppress evidence of marijuana and heroin found in safe in his apartment while officers were removing items pursuant to a writ of execution where the opening of the safe, in the absence of a specific policy regarding locked containers, did not satisfy the Fourth Amendment to the U.S. Constitution.
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| City of Boise v. Frazier, Docket No. 30944, 2006 Opinion No. 37,
SUPREME COURT OF IDAHO, April 13, 2006, Filed
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Overview: Court erred in granting city's petition for judicial confirmation to allow it to enter into agreement for expansion of its airport parking facilities where circumstances did not require immediate or emergency expenditure exempting city from election requirement of Idaho Const. art. VIII, § 3; expansion fell outside proviso clause to art. VIII, § 3.
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