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| Doe v. Doe, Docket No. 32732, 2007 Opinion No. 96,
SUPREME COURT OF IDAHO, July 2, 2007, Filed
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Overview: A magistrate court's decision terminating a father's parental rights was reversed, where the magistrate court misinterpreted Idaho Code Ann. § 16-1629(9) when it began its analysis with the presumption that termination of the father's parental rights was in the child's best interest.
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| Mintun v. State, Docket No. 33038, 2007 Opinion No. 46,
COURT OF APPEALS OF IDAHO, July 10, 2007, Filed
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Overview: Counsel was ineffective for failing to assert on appeal that the evidence was insufficient to support appellant's conviction under Idaho Code Ann. § 18-1506(1)(a) because the evidence showed that appellant expressed a to the victim a desire only for the victim to take photographs while appellant engaged in a sexual act.
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| State v. Schmitt, Docket No. 32641, 2007 Opinion No. 47,
COURT OF APPEALS OF IDAHO, July 11, 2007, Filed
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Overview: Defendant's motion to suppress evidence was correctly denied as police officers had probable cause to arrest defendant for violating open container ordinance as he was in possession of open container of beer in parking lot generally open to public. Subsequent search of defendant was valid incident to his arrest and did not violate Fourth Amendment.
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| Vanderford Co. v. Knudson, Docket No. 31047/31163, 2007 Opinion No. 97,
SUPREME COURT OF IDAHO, July 13, 2007, Filed
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Overview: Company could not foreclose on developers' trust deeds as they failed to confer real property as collateral, Idaho Code § 6-101(2). Trial court's findings articulated in order sufficiently met purpose of Idaho R. Civ. P. 52. Certain jury instructions were required, Idaho R. Civ. P. 51. Unjust enrichment had to be considered with other issues.
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| State v. Fleshman, Docket No. 33244, 2007 Opinion No. 49,
COURT OF APPEALS OF IDAHO, July 18, 2007, Filed
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Overview: An order denying defendant's motion to withdraw his probation violation admissions was upheld because defendant attempted to withdraw his admissions to the probation violations, and reverse the consequent revocation of his probation, long after the trial court transferred jurisdiction to the Idaho Board of Correction.
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| State v. Shumway, Docket No. 32513, 2007 Opinion No. 48,
COURT OF APPEALS OF IDAHO, July 18, 2007, Filed
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Overview: Order denying defendant's Idaho Crim. R. 35 motion for reduction of sentence was upheld where he presented no new or additional evidence in support of his motion. Trial court acted within reasonable time in ruling on motion and had not lost jurisdiction under Idaho Const. art. 5, § 20 or Idaho Code Ann. § 1-705 when it issued order denying motion.
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| State v. Purdie, Docket No. 32647, 2007 Opinion No. 50,
COURT OF APPEALS OF IDAHO, July 26, 2007, Filed
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Overview: Inconsistent verdict was not basis for vacating jury's determination of guilt beyond reasonable doubt on defendant's aggravated battery charge, Idaho Code §§ 18-903(b), 18-907(b), where guilty verdict was supported by substantial evidence. Jury considered the evidence pointing to defendant's use of knife in manner constituting aggravated battery.
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| Pierce v. Sch. Dist. #21, Docket No. 32406, 2007 Opinion No. 98,
SUPREME COURT OF IDAHO, July 30, 2007, Filed
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Overview: An employee failed to prove that a school district was a statutory employer at the time of his accident, Idaho Code § 72-102(13)(a), where the employee was an independent subcontractor and there was no contractual employment relationship between the parties.
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