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   State Courts - Idaho - May 23, 2007

  
Myers v. QWEST, Docket No. 32852, Opinion No. 79, SUPREME COURT OF IDAHO, May 23, 2007, Filed
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Overview: A claimant's worker's compensation claim for psychiatric disorders, dementia, and Parkinson's disease was denied because the claimant failed to provide written notice within sixty days as required by Idaho Code Ann. § 72-448 and the employer's failure to inform the claimant about § 72-448 did not toll its running.

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Ater v. Idaho Bureau of Occupational Licenses, Docket No. 33143, 2007 Opinion No. 78, SUPREME COURT OF IDAHO, May 23, 2007, Filed
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Overview: The Idaho Board of Professional Counselor and Marriage and Family Therapists' order suspending a therapist's license for ethics code violations was set aside as it did not explain why it departed from a hearing officer's determination that the therapist's testimony on her subjective intent was more credible than the testimony of a Board witness.

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Doe v. State, Docket No. 32972, 2007 Opinion No. 80, SUPREME COURT OF IDAHO, May 23, 2007, Filed
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Overview: An order terminating a father's parental rights for chronic abuse was affirmed where the evidence showed, inter alia, that his youngest child had been deprived of food for a sufficiently long period of time that his height and weight were well below the third percentile, he had muscle wasting, he was very weak, and he lacked subcutaneous tissue.

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Dorea Enters. v. City of Blackfoot, Docket No. 32826, 2007 Opinion No. 77, SUPREME COURT OF IDAHO, May 23, 2007, Filed
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Overview: A district court properly granted the city summary judgment on an apartment building owner's negligence claim where the decision to flush the sewer lines annually was based on a sewer department supervisor's consideration of budgetary constraints and the public interest and as such, it was a discretionary function under Idaho Code Ann. § 6-904(1).

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Lane Ranch P'ship v. City of Sun Valley, Docket No. 32545, 2007 Opinion No. 76, SUPREME COURT OF IDAHO, May 23, 2007, Filed
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Overview: A trial court erred in awarding the city summary judgment where a developer had not waived its rights to seek a rezone of property identified in an annexation agreement as open space and the agreement did not require amendment before the rezone could be granted. The denial of zoning applications based on that interpretation was also vacated.

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State v. Metzger, Docket No. 32813, 2007 Opinion No. 30, COURT OF APPEALS OF IDAHO, May 23, 2007, Filed
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Overview: Motion to suppress evidence was properly denied where an officer saw marijuana seeds on the floorboard of vehicle as he opened a driver's door to find a VIN; defendant had no recognized privacy interest in the VIN, the officer's invasion was minimal, and glancing around the vehicle was not a search under the Fourth Amendment.

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