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| State v. Hussain, Docket No. 32046, 2006 Opinion No. 49,
COURT OF APPEALS OF IDAHO, June 19, 2006, Filed
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Overview: Defendant was not placed in double jeopardy after being charged and convicted for two separate counts under Idaho Code § 18-1506(1)(a) and (1)(b) as one act required an element of sexual contact, and the other required the solicitation to participate in sexual activity.
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| State v. Callaghan, Docket No. 31493, 2006 Opinion No. 50,
COURT OF APPEALS OF IDAHO, June 22, 2006, Filed
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Overview: The legislature made clear its intent that forgery of a certificate of insurance would be punished as a misdemeanor under Idaho Code Ann. § 49-1430, not as a felony under Idaho Code Ann. § 18-3203 for offering a false or forged instrument for record. Therefore, the trial court erred in denying defendant's motion to dismiss the § 18-3203 charge.
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| State v. Cutler, Docket Nos. 31486 & 31487, 2006 Opinion No. 51,
COURT OF APPEALS OF IDAHO, July 14, 2006, Filed
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Overview: Officer reasonably concluded defendant may have needed assistance and was justified in detaining him in order to confirm or dispel that conclusion. Officer was authorized to conduct limited search for weapons pursuant to role as community caretaker as he believed defendant may have additional weapons and it was unsafe to allow defendant access.
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| State v. Gamma, Docket Nos. 32300, 32303, 32304, 32305, 32306, 32307, 32308 & 32309, 2006 Opinion No. 52,
COURT OF APPEALS OF IDAHO, July 14, 2006, Filed
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Overview: City's conduct in removing monument did not approximate imminent threat of personal injury, robbery, or other crime in Idaho Code §§ 19-202, 19-202A, and 19-203, and defendants were not entitled to obstruct police officer during its removal. Jury was correctly instructed and State produced sufficient evidence of obstruction, Idaho Code § 18-705.
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| Straub v. Smith, Docket No. 31955, 2006 Opinion No. 53,
COURT OF APPEALS OF IDAHO, July 18, 2006, Filed
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Overview: District court erred in denying sellers' motion to reconsider on basis of omission of request for costs and attorney fees as Idaho R. Civ. P. 54(e)(4) was controlling, and they were not barred from award if they met requirements necessary to sustain award. Under Idaho R. Civ. P. 41, sellers were not barred from seeking costs and attorney fees.
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| Anderson v. Harper's, Inc., Docket No. 32135, 2006 Opinion No. 72,
SUPREME COURT OF IDAHO, July 27, 2006, Filed
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Overview: Although the evidence in the record did not overwhelmingly establish a definite causal link between claimant's industrial accident and his subsequent tremors, the Idaho Industrial Commission's decision to discount the testimony of a neurologist who was hired by the surety and its finding regarding causation were not clearly erroneous.
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| Deeds v. Regence Blueshield of Idaho, Docket No. 31180, 2006 Opinion No. 76,
SUPREME COURT OF IDAHO, July 28, 2006, Filed
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Overview: In insured's suit against insurer for payment for treatment, court erred in holding that based on change in American Arbitration Association's policy, arbitration agreement failed where there was no reason why arbitration could not proceed with another arbitrator; case was remanded for appointment of arbitrator pursuant to Idaho Code Ann. § 7-903.
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| Hayes v. Union Pac. R.R. Co., Docket No. 31764, 2006 Opinion No. 74,
SUPREME COURT OF IDAHO, July 28, 2006, Filed
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Overview: Family did not prove violation of Idaho Code § 62-412 in wrongful death action as train crew blew standard crossing signal and federal law preempted sound level and claim based on relocation of horn. Railroad's conduct was not proximate cause of accident. Jury had to decide whether crossing was extra hazardous and extent of decedent's negligence.
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| State v. Rogers, Docket No. 31914, 2006 Opinion No. 75,
SUPREME COURT OF IDAHO, July 28, 2006, Filed
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Overview: The district court abused its discretion in imposing the sanction against the defense attorney where it did not point to a specific court rule or order that the attorney violated and it did not find that she acted in bad faith. There was no evidence that the attorney acted in bad faith.
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| State v. Shutz, Docket No. 29403, 2006 Opinion No. 73,
SUPREME COURT OF IDAHO, July 28, 2006, Filed
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Overview: Trial court did not err in denying defendant's motion for reduction in sentence under Idaho Crim. R. 35 because his sentence was within limits of Idaho Code Ann. § 18-1501(1) for the offense of injury to a child and he did not provide any new information. Also, character evidence about child's mother was inadmissible under Idaho R. Evid. 404(a).
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