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| State v. Knighton, Docket No. 31611, 2006 Opinion No. 55,
SUPREME COURT OF IDAHO, May 4, 2006, Filed
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Overview: Trial court did not abuse its discretion by denying defendant's motion to reduce the sentence pursuant to Idaho Crim. R. 35 as defendant had had sex with the victim 35 to 40 times beginning when she was 13, he had violated probation for two former felonies, he made excuses for his actions, and was a moderate to high risk to reoffend.
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| State v. Field, Docket No. 31113/31114, 2006 Opinion No. 30,
COURT OF APPEALS OF IDAHO, May 5, 2006, Filed
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Overview: Defendant was entitled to a new trial on a lewd conduct charge under Idaho Code Ann. § 18-1508 where the trial court erred by admitting hearsay testimony of the victim's mother and sister, testimony of a friend of a second victim, and joining the lewd conduct case with a sexual battery case involving the second victim.
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| Emplrs. Res. Mgmt. Co. v. Dep't of Ins., Docket No. 30837, 2006 Opinion No. 56,
SUPREME COURT OF IDAHO, May 9, 2006, Filed
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Overview: An employment service provider was a Multiple Employer Welfare Arrangement per 29 U.S.C.S. § 1002(40) where it offered health benefits to two or more employers, and it violated the Idaho Code by transacting the unauthorized business of insurance pursuant to Idaho Code Ann. § 41-305; Idaho Code Ann. § 41-117A limited its penalty to $ 15,000.
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| State v. Conant, NO. 30305,
SUPREME COURT OF IDAHO, May 10, 2006, Decided
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| Nez Perce County Prosecuting Atty. v. Reese, Docket No. 31293, 2006 Opinion No. 31,
COURT OF APPEALS OF IDAHO, May 11, 2006, Filed
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Overview: Where a claimant and an accomplice resided in the claimant's motor home and travel trailer in a barn used to cultivate marijuana, the conveyances were sufficiently connected to the drug operation to warrant forfeiture, but the proportionality of the forfeiture was not established since relevant subjective factors were not considered.
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| State v. Arthur, Docket No. 31470, 2006 Opinion No. 32,
COURT OF APPEALS OF IDAHO, May 12, 2006, Filed
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Overview: After reducing defendant's sentence pursuant to an Idaho Crim. R. 35 motion, court did not abuse its discretion in not further reducing sentence where evidence that he was suffering from terminal illness was taken into account; his lengthy criminal history and potential danger that he continued to present could not be fully expunged by his illness.
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| Silva v. Silva, Docket No. 31942, 2006 Opinion No. 33,
COURT OF APPEALS OF IDAHO, May 16, 2006, Filed
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Overview: Pursuant to Idaho Code § 32-717, the trial court considered and weighed the relevant factors relating to child custody although the father's work schedule was given great weight. Magistrate properly awarded the mother sole legal custody to determine the children's school enrollment. Mother should not have been awarded attorney fees on appeal.
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| State v. Bunting, Docket No. 31655, 2006 Opinion No. 35,
COURT OF APPEALS OF IDAHO, May 17, 2006, Filed
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Overview: Denial of motion to suppress was in error because neither any traditional law enforcement exigency nor the following-in-the-footsteps of emergency personal exception existed and subsequent police entries into defendant's garage and house were unlawful. The lawfully obtained evidence was insufficient to show probable cause for a search warrant.
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| State v. O'Keefe, Docket No. 32127, 2006 Opinion No. 34,
COURT OF APPEALS OF IDAHO, May 17, 2006, Filed
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Overview: Exigent circumstances allowed a fire captain to enter a building without a warrant, under Idaho Const. art. I, § 17, as the building's electrical problem could have caused a fire. A search warrant's wrong address did not make the warrant invalid, and drug trafficking evidence in a building linked to defendant was probable cause to search his home.
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