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   State Courts - Idaho - May 1 - May 3, 2007

  
Baird Oil Co., Inc. v. Idaho State Tax Comm'n, Docket No. 31668, 2007 Opinion No. 68A, SUPREME COURT OF IDAHO, May 1, 2007, Filed
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Overview: Trial court properly ruled that oil company's action for refund of transfer fees paid into the Idaho petroleum clean water trust fund for periods before October 1, 1999 was barred by res judicata where company had filed prior action against Idaho State Tax Commission and issue of whether the company was entitled to a refund was previously resolved.

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Kiebert v. Goss, Docket No. 31708, 2007 Opinion No. 66, SUPREME COURT OF IDAHO, May 1, 2007, Filed
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Overview: Summary judgment in favor of respondents was affirmed because the district court did not err in treating respondents' answer as a counterclaim under Idaho R. Civ. P. 8(c) and (f), and the claimants did not present a genuine issue of fact or dispute to prevent respondents from obtaining summary judgment based upon their assertion of title.

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P.O. Ventures, Inc. v. Loucks Family Irrevocable Trust, Docket No. 32551, 2007 Opinion No. 69, SUPREME COURT OF IDAHO, May 1, 2007, Filed
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Overview: Where a document from another offeror was altered to reflect an agreement between a buyer and a seller of land, it was subject to specific enforcement because all the material terms were contained therein; the fact that a later purchase agreement contained other terms relating to taxes and closing costs did not mean material terms were disputed.

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State v. Grazian, Docket No. 32236, 2007 Opinion No. 67, SUPREME COURT OF IDAHO, May 1, 2007, Filed
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Overview: Defendant's convictions for the attempted procurement of prostitution and for the procurement of prostitution were proper because the attempt statute, Idaho Code Ann. § 18-306, was permitted to be combined with the procurement of prostitution statute, Idaho Code Ann. § 18-5602, in order to convict one for the attempted procurement of prostitution.

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Steiner v. Gilbert, Docket No. 32322, 2007 Opinion No. 70, SUPREME COURT OF IDAHO, May 1, 2007, Filed
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Overview: In a contempt proceeding, Idaho Code § 7-603, an affidavit alleging contempt was sufficient because it stated that "to the best of the affiant's knowledge, appellant received a certified copy of the judgment" and appellant "was aware of the contents of said judgment"; the affiant was not required to have actual proof that appellant received a copy.

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Knutsen v. State, Docket No. 32386, 2007 Opinion No. 24, COURT OF APPEALS OF IDAHO, May 2, 2007, Filed
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Overview: The post-conviction court erred by summarily dismissing appellant's claim that a neuropsychological evaluation required vacation of his sentence for lewd conduct; information on his bipolar disorder was relevant to the probation revocation proceeding. His Eighth Amendment cruel and unusual punishment claim was barred by res judicata.

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State v. Bolen, NO. 31294, Ref. No. 07RV-17, SUPREME COURT OF IDAHO, May 2, 2007, Decided
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State v. Christiansen, Docket No. 33527, 2007 Opinion No. 71, SUPREME COURT OF IDAHO, May 2, 2007, Filed
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Overview: Evidence was sufficient to support defendant's arson convictions because: (1) it was uncontroverted that fire was intentionally set; (2) defendant was only person who had access to business at time of the fire; (3) business was not paying bills as they came due; and (4) business had recently been fully insured, giving defendant motive to set fire.

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Campbell v. Reagan, Docket No. 32879, 2007 Opinion No. 73, SUPREME COURT OF IDAHO, May 3, 2007, Filed
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Overview: A fraud case against an attorney was properly dismissed based on a failure to serve a complaint and summons within 6 months, as required by Idaho R. Civ. P. 4(a)(2), because no good cause was shown by the mailing of the documents after filing or by the lack of prejudice. Moreover, there was no request to refrain from serving process.

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McKinley v. Guar. Nat'l Ins. Co., Docket No. 32500, 2007 Opinion No. 72, SUPREME COURT OF IDAHO, May 3, 2007, Filed
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Overview: Summary judgment, Idaho R. Civ. P. 56, on an insurance bad faith failure to settle claim was inappropriate because, while the insurer informed the insured as early as November 7 that he faced the possibility of an excess judgment, it failed to keep him advised of the settlement overtures or that one claim exceeded the $ 25,000 policy limit.

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