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| State v. Pearce, Docket No. 30502, 2007 Opinion No. 34,
COURT OF APPEALS OF IDAHO, May 30, 2007, Filed
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Overview: Even though the trial court abused its discretion by excluding the testimony of defendant's expert concerning police lineup techniques and resulting identifications, the error was harmless under Idaho Crim. R. 52 because generic concerns regarding lineups and subsequent identifications were sufficiently covered by other testimony.
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| Cafferty v. State, Docket No. 32818, 2007 Opinion No. 88,
SUPREME COURT OF IDAHO, May 31, 2007, Filed
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Overview: Because a reasonable jury could find that a person with seven DUI convictions was a habitual drunkard, genuine issues of material fact precluded summary judgment on the passenger's claim that the Idaho Division of Motor Vehicle Services was grossly negligent in reinstating the drunk driver's unrestricted license.
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| Martinez v. Brown, Docket No. 32815, 2007 Opinion No. 35,
COURT OF APPEALS OF IDAHO, May 31, 2007, Filed
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Overview: In negligence suit, district court erred in dismissing case with prejudice for plaintiff's failure to comply with Idaho R. Civ. P. 11(b)(3) upon on his failure to comply with district court's order after withdrawal of his attorney because district court did not notify plaintiff that his claim could be dismissed with prejudice for failure to comply.
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| State v. Collins, Docket No. 33346, 2007 Opinion No. 36,
COURT OF APPEALS OF IDAHO, May 31, 2007, Filed
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Overview: Where the evidence indicated that defendant's criminal actions were part of a suicide plan, a district court erred by failing to sua sponte order a psychological examination prior to sentencing. The district court abused its discretion by ignoring Idaho Code Ann. § 19-2522(1) and Idaho Crim. R. 32 and proceeding with sentencing.
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| State v. Beck, Docket No. 32460, 2007 Opinion No. 37,
COURT OF APPEALS OF IDAHO, June 1, 2007, Filed
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Overview: Denial of motions to exonerate a bond under Idaho Code Ann. § 19-2927 and Idaho Crim. R. 46 was improper because a 90-day time limit did not apply since a bail bond company was seeking an immediate exoneration of the bond, even while defendant remained outside of Idaho. Moreover, it was unclear if all factors had been considered.
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| Murillo v. State, Docket No. 33035, 2007 Opinion No. 38,
COURT OF APPEALS OF IDAHO, June 5, 2007, Filed
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Overview: An inmate's allegation that his trial interpreter gave advice that was her own opinion and not the result of translating advice from counsel did not support a claim that he was deprived of his due process right to participate in his own defense because he did not show prejudice resulting from an inability to communicate with counsel.
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| State v. Webb, Docket No. 32692, 2007 Opinion No. 39,
COURT OF APPEALS OF IDAHO, June 8, 2007, Filed
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Overview: Defendant's conviction for driving with a suspended license in violation of Idaho Code Ann. § 18-8001 did not violate the corpus delicti rule because his confession to a police officer was sufficiently corroborated by evidence adduced at trial.
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| Roeder v. State, Docket No. 30671, 2007 Opinion No. 40,
COURT OF APPEALS OF IDAHO, June 11, 2007, Filed
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Overview: Defendant's petition for post-conviction relief was properly dismissed, Idaho Code § 19-4906, as he failed to make prima facie determination that he would have insisted on trial instead of pleading guilty had incident report not been withheld; defendant did not demonstrate genuine issue of material fact that proceeding would have been different.
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| State v. Cruz, Docket No. 31880, 2007 Opinion No. 41,
COURT OF APPEALS OF IDAHO, June 12, 2007, Filed
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Overview: Defendant's motion to suppress evidence should not have been granted in a drug case because, as a parolee, defendant was not entitled to greater protections under the Fourth Amendment and Idaho Const. art. I, § 17 in his girlfriend's apartment than he would have had in his own residence.
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| State v. Burtlow, Docket No. 32999, 2007 Opinion No. 42,
COURT OF APPEALS OF IDAHO, June 13, 2007, Filed
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Overview: A district court erred in reversing a magistrate's denial of defendant's motion to dismiss for violation of his statutory right to a speedy trial because Idaho Code Ann. § 19-3501 did not apply to infractions, and defendant's trial on the amended misdemeanor charge occurred within six months as required by § 19-3501.
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