13 results for 'judge:"Lorello"'.
J. Lorello finds that defendant's speedy trial rights were not violated by delays between his arrest and conviction for battery on a police officer. He contributed to the delay by asking to vacate his first trial and seeking new counsel, and further delay was due to emergency Covid-19 orders that stopped jury trials. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: January 9, 2024, Case #: 49545, Categories: Battery, Speedy Trial
J. Lorello finds that defendant was not entitled to have evidence of drunk driving suppressed. The arresting officer's observation that defendant's shoulder was raised toward his ear provided the reasonable suspicion of distracted driving for a traffic stop even if the officer did not see a cell phone. The possibility that the "hands-free" mode exception applied is not a factor in the reasonable suspicion analysis. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: November 2, 2023, Case #: 49825, Categories: Search, Dui
J. Lorello finds that the trial court was within its discretion to deny a car owner's motion to supplement discovery in his suit against a mechanic for allegedly faulty work. The owner was not entitled to supplemental discovery because he had failed to comply with a scheduling order and a discovery rule for expert witnesses. However, the trial court erred in awarding the mechanic storage fees since the mechanic failed to present evidence of costs. Vacated in part.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: November 1, 2023, Case #: 50220, Categories: Discovery, Contract
J. Lorello finds that the lower court properly terminated the mother's parental rights to her children. The evidence clearly shows that the mother abandoned and neglected her child, and the state made active efforts to avoid breakup of the Indian family. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: October 30, 2023, Case #: 50905, Categories: Family Law, Native Americans
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[Consolidated.] J. Lorello affirmed the lower court’s denial of defendant’s motion to correct an illegal sentence, finding that her felony burglary conviction should not be reduced to misdemeanor commercial burglary because the legislature had not created that charge when she committed the burglary. The statute was not declared retroactive by the legislature.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: October 10, 2023, Case #: 49434, Categories: Burglary
J. Lorello holds that the appeals court lacks jurisdiction to consider a mother's appeal of the magistrate court's finding of aggravated circumstances in a Child Protection Act proceeding. The finding, which was based on a prior involuntary termination of her parental rights, was an unappealable interlocutory order even though it was titled a judgment.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: September 26, 2023, Case #: 50678, Categories: Family Law, Jurisdiction
J. Lorello finds that the trial court was within its discretion to sentence defendant to 10 years for first degree kidnapping and and a consecutive five years for aggravated assault. Though older and lacking a criminal past, he did not demonstrate remorse or control over his violent impulses, and without police intervention he planned to harm the victim further. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: August 29, 2023, Case #: 49883, Categories: Sentencing, Assault, Kidnapping
J. Lorello finds that the appeals court lacks jurisdiction to consider a mother's appeal of a magistrate court's order granting a Department of Health & Welfare motion for aggravated circumstances in a child protective action case.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: July 26, 2023, Case #: 50678, Categories: Family Law, Jurisdiction
[Substituted.] J. Lorello finds that defendant failed to preserve his challenge to the trial court's $2,800 restitution award for the costs of the investigation that led to his arrest for trafficking heroin, and he had agreed in a plea agreement to pay restitution as ordered by the court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: July 21, 2023, Case #: 49302, Categories: Drug Offender, Plea
J. Lorello finds that the district court properly held that the magistrate court erred in dismissing a citation for harboring an "at-risk dog." The dog's owner is liable for possessing a dangerous dog even without a prior court order. The only requirement for liability is to own, possess or harbor a dangerous or at-risk dog, and there is no dispute that defendant knew her dog met the requirement since she had had several contacts with police based on accusations that her dog had attacked a woman and another dog. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 8, 2023, Case #: 49878, Categories: Negligence
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: Drug Offender, Ineffective Assistance, Search
J. Lorello dismisses this appeal of a decision of the district court, on intermediate appeal from the magistrate court, affirming an order for involuntary commitment. A physician reported that the subject, who weighed only 90 pounds at six feet tall, had “one leg swollen with maggots” and had not bathed in months at the direction of “voices.” Examiners certified that he was disabled by schizophrenia and that he refused hospitalization. He has not established a reasonable expectation that the alleged error that he consistently refused treatment will reoccur. His involuntary commitment has terminated, rendering moot the issues on appeal.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 25, 2023, Case #: 49496, Categories: Health Care, Commitment