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   State Courts - Idaho - November 29 - December 20, 2006

  
Cowan v. Bd. of Comm'rs, Docket No. 30061, 2006 Opinion No. 107, SUPREME COURT OF IDAHO, November 29, 2006, Filed
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Overview: In dispute over proposed subdivision, Fremont County Board of Commissioners did not violate adjacent landowner's due process rights because the Board could limit public comments, and although notices for two public meetings were defective, landowner failed to show prejudice. Board complied with Idaho Code § 67-6535(b) in deciding to issue permit.

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Webb v. Webb, Docket No. 32325, 2006 Opinion No. 106, SUPREME COURT OF IDAHO, November 29, 2006, Filed
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Overview: Supreme Court of Idaho held that plain language of Idaho Code § 15-5-104 allowed for the delegation of child custody and magistrate did not err by allowing a deployed father to delegate his custody rights to his parents while he was in Iraq, but the magistrate erred by modifying the visitation schedule based on the father's absence while deployed.

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State v. Murray, Docket No. 32394, 2006 Opinion No. 81, COURT OF APPEALS OF IDAHO, November 30, 2006, Filed
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Overview: Reversal and dismissal of defendant's conviction of misdemeanor for traveling on a road that had been closed by the forest service was proper as citation contained no factual allegations from which elements of the offense could be inferred and an amended citation did not cite the code section that defendant was apparently found guilty of violating.

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Western Corp. v. Vanek, Docket No. 32523, 2006 Opinion No. 82, COURT OF APPEALS OF IDAHO, December 13, 2006, Filed
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Overview: In determining date of accrual of cause of action brought by corporation against judgment debtor, trial court was correct in its determination that matter was not barred by six-year statute of limitations because matter accrued on the date judgment was file-stamped, pursuant to Idaho R. Civ. P. 58(a), not on date of order nunc pro tunc.

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McClure Engineering, Inc. v. Channel 5 KIDA, Docket No. 32572, 2006 Opinion No. 84, COURT OF APPEALS OF IDAHO, December 14, 2006, Filed
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Overview: Defendants were not entitled to set aside a default judgment pursuant to Idaho R. Civ. P. 11(b)(3) in an engineering company's foreclosure of a mechanic's lien when their attorney sent notice of his withdrawal to a Las Vegas address that defendants provided, no evidence showed that the address was invalid, and the notices were returned "unclaimed."

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State v. Young, Docket No. 32624, 2006 Opinion No. 83, COURT OF APPEALS OF IDAHO, December 14, 2006, Filed
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Overview: Trial court properly overturned a magistrate's order granting defendant's motion to suppress where State met its burden of showing probable cause that defendant violated Boise, Idaho Municipal Code § 10-09-04 by stopping his vehicle beyond a stop line where no crosswalk existed; an officer properly initiated a traffic stop after observing incident.

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McKinney v. State, Docket No. 29411, 2006 Opinion No. 108, SUPREME COURT OF IDAHO, December 19, 2006, Filed
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Overview: Defendant's petition for post-conviction relief was properly dismissed as there was no reasonable likelihood that the prosecutor's note, or even evidence that the prosecutor had altered the revolver to increase its trigger pull, would have altered the jury's decision regarding who fired the fatal bullets into the back of the victim's head.

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Spelius v. Hollon (In re Estate of Miller), Docket No. 32660/32661, 2006 Opinion No. 109, SUPREME COURT OF IDAHO, December 19, 2006, Filed
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Overview: A will was properly admitted to probate, even though a witness signed after a testator's death, since there was no requirement for the time of signing under Idaho Code Ann. § 15-2-502.

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Hutton v. Manpower, Inc., Docket No. 32160, 2006 Opinion No. 110, SUPREME COURT OF IDAHO, December 20, 2006, Filed
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Overview: A closed head injury was compensable as an accident under Idaho Code Ann. § 72-102(18)(b) because the medical evidence supported the finding that the exertion of a claimant's usual work lowered his blood sugar, which ultimately resulted in a fall and the injury. Therefore, he was entitled to receive TTD benefits.

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McKim v. Horner, Docket No. 32003, 2006 Opinion No. 111, SUPREME COURT OF IDAHO, December 20, 2006, Filed
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Overview: The district court did not abuse its discretion in excluding automobile operator's witness and refusing a continuance where there was no good cause to excuse the failure of disclosing the witness's identity in a timely manner, Idaho R. Civ. P. 37(b). Substantial and competent evidence supported the factual findings of the jury regarding causation.

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