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| McCabe v. Craven, Docket No. 32119, 2007 Opinion No. 20,
COURT OF APPEALS OF IDAHO, April 19, 2007, Filed
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Overview: Where civil rights plaintiff failed to bring complaint that he was wrongfully imprisoned for 228 days within a reasonable time after obtaining information necessary to allege that a government employee possibly acted with malice, criminal intent, or gross negligence within scope of employment, court dismissed all but one allegation of complaint.
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| State v. Baxter, Docket No. 32597, 2007 Opinion No. 21,
COURT OF APPEALS OF IDAHO, April 20, 2007, Filed
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Overview: Where there were insufficient specific and articulable facts for the officer to reasonably conclude a frisk of defendant was necessary for the officer's protection or the protection of others, the frisk of defendant's person for weapons was unlawful. Conviction for possession of a controlled substance and being a persistent violator was vacated.
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| State v. Robinson, Docket No. 32673, 2007 Opinion No. 22,
COURT OF APPEALS OF IDAHO, April 25, 2007, Filed
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Overview: Suppression motion was reversed, because the officers lawfully entered defendant's residence without a warrant, when there were exigent circumstances given the serious penalty associated with driving under the influence, and specific, articulable facts reasonably indicating imminent destruction of blood alcohol evidence.
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| Marcia T. Turner, L.L.C. v. City of Twin Falls, Docket No. 32884, Opinion No. 62,
SUPREME COURT OF IDAHO, April 27, 2007, Filed
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Overview: A district court's affirmation of a city council's denial of an application to erect a 120-foot-tall, lattice transmission tower by a special use permit was affirmed since, inter alia, the council could review a planning and zoning commission's approval without making a finding that the tower would have a substantial impact.
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| McDaniel v. Inland Northwest Renal Care Group-Idaho, L.L.C., Docket No. 32539, 2007 Opinion No. 65,
SUPREME COURT OF IDAHO, April 27, 2007, Filed
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Overview: Summary judgment was granted to health care providers in a medical malpractice case because an Ohio expert did not establish that he had actual knowledge of the applicable community standard of care for end-stage renal disease treatment, as required by Idaho Code Ann. §§ 6-1012, 6-1013; a general federal regulatory scheme did not excuse compliance.
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| State v. Anderson, Docket No. 32038, 2007 Opinion No. 23,
COURT OF APPEALS OF IDAHO, April 27, 2007, Filed
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Overview: Evidence was insufficient to prove beyond a reasonable doubt that defendant had an alcohol concentration of .20 or more as required for a conviction under Idaho Code Ann. § 18-8004C(1) because one of defendant's three breath tests had a result of .19 and the State failed to show that the .19 result was not a valid test.
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| Watson v. Watson, Docket No. 32237, 2007 Opinion No. 64,
SUPREME COURT OF IDAHO, April 27, 2007, Filed
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Overview: In a dispute regarding an oral agreement for the sale of land between two tenants in common, the part performance exception to Idaho Code Ann. § 9-503 did not allow for specific performance since the alleged contract was not definite regarding what property was included in the sale.
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| Wilhelm v. Frampton, Docket No. 32922, 2007 Opinion No. 63,
SUPREME COURT OF IDAHO, April 27, 2007, Filed
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Overview: Order denying an attorney's motion to dismiss a client's breach of contract action was reversed because the district court erred in holding that the statute of limitations was tolled by the pendency of the nonbinding fee arbitration proceedings, when there was no injunction or statute that stayed the client's action.
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