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| Gunter v. Magic Valley Reg'l Med. Ctr., Docket No. 31911, 2006 Opinion No. 70,
SUPREME COURT OF IDAHO, June 6, 2006, Filed
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Overview: Denial of unemployment benefits to a nurse who was discharged for misconduct was proper where there was substantial and competent evidence showing that the nurse had been aware that she was required to work a shift she claimed not to have known about and showing that she had failed to respond to telephone calls while she was on call.
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| Riley v. W. R. Holdings, LLC, Docket No. 31414, 2006 Opinion No. 69,
SUPREME COURT OF IDAHO, June 6, 2006, Filed
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Overview: Purchaser of foreclosed property was not entitled to receive attorney fees under Idaho Code Ann. § 11-402 because he was not a judgment creditor, and there was no provision for recovering other expenses and improvements either; moreover, judicial estoppel did not apply since two debtors disclosed their intent to redeem to a bankruptcy court.
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| State v. Gutierrez, Docket No. 31582, 2006 Opinion No. 42,
COURT OF APPEALS OF IDAHO, June 7, 2006, Filed
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Overview: Defendant's rape conviction was affirmed because trial court's error in allowing the nurse who performed rape kit examination on victim, to answer a jury question without proper foundation was harmless where her later testimony showed she was only answering in the narrow context of her own personal experience and there was overwhelming evidence.
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| State v. Medrain, Docket No. 31998, 2006 Opinion No. 43,
COURT OF APPEALS OF IDAHO, June 8, 2006, Filed
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Overview: State did not prove that defendant was persistent violator, Idaho Code § 19-2514; therefore, his judgment of conviction was vacated. Because the court disregarded penalty enhancement authorized by status as persistent violator, defendant was not entitled to a new sentencing hearing. Denial of his Idaho Crim. R. 35 motion for reduction was proper.
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| Tungsten Holdings, Inc. v. Drake, Docket No. 31275, 2006 Opinion No. 71,
SUPREME COURT OF IDAHO, June 8, 2006, Filed
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Overview: Neighbor did not present deed showing its ownership of the dominant estate where there was no evidence to support finding that neighbor's property was previously owned by the grantees. Neighbor failed to demonstrate that it was the owner of the dominant estate. Sanctions against the landowner under Idaho App. R. 11.1 were unwarranted.
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| State v. Avila, Docket No. 31355, 2006 Opinion No. 44,
COURT OF APPEALS OF IDAHO, June 9, 2006, Filed
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Overview: Sixth Amendment and Idaho Const. art. 1, § 13 were not violated by a nine month delay between arrest and trial in a case charging attempted first degree murder and unlawful possession of a firearm; the State's act of dismissing the case immediately prior to trial to add a new charge was not done to hamper the defense, nor was it prejudicial.
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| State v. Parker, Docket No. 31405, 2006 Opinion No. 45,
COURT OF APPEALS OF IDAHO, June 12, 2006, Filed
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Overview: Appellate court reversed the order defendant to pay the victim's attorney fees from the civil lawsuit as restitution and a condition of her probation as the attorney fees did not constitute an economic loss under Idaho Code § 19-5304(1)(a) and the civil lawsuit encompassed claims not related to the forgery charge.
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| State v. Covert, Docket No. 31988, 2006 Opinion No. 46,
COURT OF APPEALS OF IDAHO, June 14, 2006, Filed
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Overview: A trial court erred pursuant to Idaho Code Ann. § 19-2603 in denying defendant's motion for credit for time served as to the period he was awaiting disposition of a probation violation where he would have been eligible for release on bond in the new case if not for an agent's warrant, which authorized the jail to detain him.
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| State v. Hillman, Docket No. 32547, 2006 Opinion No. 47,
COURT OF APPEALS OF IDAHO, June 14, 2006, Filed
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Overview: Where defendant entered an Alford plea to lewd conduct with a minor under sixteen and sexual abuse of a child under sixteen, the district court did not abuse its discretion by ordering him to serve unified life sentences. The $5,000 fine authorized by Idaho Code Ann. § 19-5307 was subject to accrual of interest until paid in full.
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| Fullmer v. Collard, Docket No. 31554, 2006 Opinion No. 48,
COURT OF APPEALS OF IDAHO, June 15, 2006, Filed
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Overview: Regardless of whether there were errors in modified sentence, that was the sentence the Idaho Department of Corrections was charged with administering unless it had been corrected by the sentencing court or an appellate court through proper judicial proceedings; thus, the inmate was entitled to credit for his escape sentence, Idaho Code § 18-309.
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