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   State Courts - Idaho - May 24 - May 29, 2007

  
Clark v. Spokesman-Review, Docket No. 32565, 2007 Opinion No. 81, SUPREME COURT OF IDAHO, May 24, 2007, Filed
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Overview: Summary judgment was granted to a newspaper in claims for defamation and false light under the First Amendment because there was no actual malice; an author of a newspaper article stated that he was sure that a political party chairman did not make a certain reference, and the published statement corresponded with the author's notes.

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Cristo Viene Pentecostal Church v. Paz, Docket No. 32280, 2007 Opinion No. 82, SUPREME COURT OF IDAHO, May 24, 2007, Filed
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Overview: There was no breach of contract shown where a contract unambiguously provided for a lease with an option to purchase, rather than a sale; a prospective seller had no obligation to sell until the option was properly exercised, and an informal agreement allegedly reached by the parties did not alter the terms of the contract due to a merger clause.

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Curlee v. Kootenai County Fire & Rescue, Docket No. 32794, 2007 Opinion No. 32, COURT OF APPEALS OF IDAHO, May 24, 2007, Filed
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Overview: Summary judgment was properly granted to a former employer in an action brought under the Idaho Protection of Public Employees Act because a former employee did not provide evidence that she was participating in an investigation or that a private log documenting waste was a communication under Idaho Code Ann. § 6-2104(1)(a), (2).

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Dopp v. Idaho Comm'n of Pardons & Parole, Docket No. 32589, 2007 Opinion No. 31, COURT OF APPEALS OF IDAHO, May 24, 2007, Filed
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Overview: A potential parolee's petition for a writ of habeas corpus was denied because, inter alia, he did not have a private right to enforce the licensing requirements of Idaho Code Ann. § 20-223 since he was not a member of the class of persons that the statute was designed to protect.

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State v. Farlow, Docket No. 32012, 2007 Opinion No. 33, COURT OF APPEALS OF IDAHO, May 24, 2007, Filed
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Overview: Where a district court found that the facts in a drug case showed that a confidential informant (CI) could have possibly given testimony relevant to the issues at trial, it erred by failing to conduct an in-camera review under Idaho R. Evid. 509(c)(3) upon defendant's motion to disclose the identify of the CI.

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Dep't of Health & Welfare v. Doe (In re Termination of Parental Rights Regarding Doe), Docket No. 32362, 2007 Opinion No. 83, SUPREME COURT OF IDAHO, May 25, 2007, Filed
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Overview: Substantial evidence supported the decision to terminate a mother's parental rights under Idaho Code Ann. § 16-2005 (2003) where the caseworker's testimony showed that she had failed to complete the requirements of a parenting plan and the psychological reports showed that she had several mental disorders that required consistent care.

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State v. Smith, Docket No. 33714, 2007 Opinion No. 84, SUPREME COURT OF IDAHO, May 25, 2007, Filed
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State v. Yzaguirre, Docket No. 33048, 2007 Opinion No. 85, SUPREME COURT OF IDAHO, May 25, 2007, Filed
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Overview: County commissioners were not required to have legal counsel present in order to have a closed executive session under Idaho Code Ann. § 67-2345(1)(f) because there was a general public awareness of probable litigation; however, the executive session violated the open meeting requirements since there was no handwritten minutes taken.

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Fenwick v. Idaho Dep't of Lands, Docket No. 32690, 2007 Opinion No. 87, SUPREME COURT OF IDAHO, May 29, 2007, Filed
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Overview: Because Idaho Code Ann. § 58-307 (2004) was in effect when adjoining landowners and their wildlife refuge sought an injunction to force state land lessees to comply with local zoning ordinance, the 2004 version, not the 2003 version of § 58-307 applied, and under the 2004 version, the lessees were exempt from conforming to the zoning ordinances.

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Thompson v. Ebbert, Docket No. 32743, 2007 Opinion No. 86, SUPREME COURT OF IDAHO, May 29, 2007, Filed
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Overview: In a condominium resident's declaratory judgment action arguing that the condominium complex owners' prior lease of his unit's garage to a third party was invalid, summary judgment in favor of the resident was proper as the condominium covenant specifically restricted the owners from encumbering or conveying anything less than the entire unit.

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