31 results for 'court:"Idaho Court Of Appeals"'.
J. Gratton finds that the trial court properly refused to suppress drugs and a firearm in defendant's home during a probation search prompted by a confidential tip. A probation agreement authorized law enforcement officers other than his own probation officer to conduct searches, and he did not preserve his challenge to the validity of the agreement or his claim that his probation officer must first request that he submit to a search. Also, the trial court's error in sustaining an objection to part of defendant's closing argument was harmless. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: April 23, 2024, Case #: 50051, Categories: Drug Offender, Probation, Search
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: Criminal Procedure, Sex Offender, Battery
J. Gratton finds that the trial court properly denied defendant's motion to suppress drug evidence as untimely. Neither a change in law regarding drug dog alerts nor a change in counsel constituted excusable neglect that would allow a late motion. Her speedy trial claim failed because most of the delay was caused by the emergency suspension of jury trials due to the Covid-19 pandemic. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: March 8, 2024, Case #: 50179, Categories: Drug Offender, Search, Speedy Trial
J. Huskey finds the trial court properly denied a stepfather’s motion for acquittal on his felony conviction for forcible penetration by use of a foreign object. The stepfather argues there is no substantial evidence to prove the use of force, or that his stepdaughter was intoxicated. The jury instructions were properly given for the use of force and a rational jury could conclude the stepdaughter was digitally penetrated while in and out of an intoxicated or conscious state. Therefore, there was sufficient evidence to support the jury’s finding for either a use of force or and intoxication theory of forcible penetration. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: February 16, 2024, Case #: 49517, Categories: Jury, Sex Offender, Assault
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J. Gratton holds that the magistrate court properly terminated a father's parental rights based on clear and convincing evidence of abandonment. He willfully failed to maintain a normal parent-child relationship or provide support for five years. But the magistrate court must redo its analysis to apply the best interest factors for termination cases instead of the factors for divorce custody cases. Vacated.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: February 9, 2024, Case #: 51137, Categories: Family Law
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. Gratton finds that the trial court properly denied a mother's motion to revoke a Child Protection Act adjudicatory decree to which she had stipulated since she did not have an absolute right to consent to have her relatives adopt her child. But a $300 sanction for attorney fees incurred by the child's guardian ad litem during a two-day extension granted to the mother was improper because the mother's request for an extension was timely and justified and not intended to delay proceedings. Reversed in part.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: January 9, 2024, Case #: 51088, Categories: Family Law, Sanctions
J. Moeller finds that the trial court properly granted a private water company's motion for summary judgment on claims it improperly updated its governing documents and lacked authority to issue additional shares. No new shares have been issued so the claim is not ripe and the remaining claims are derivative and subject to specific pleading requirements that were not met. Affirmed.
Court: Idaho Court Of Appeals, Judge: Moeller, Filed On: December 19, 2023, Case #: 49237, Categories: Property, Water, Fiduciary Duty
J. Gratton finds that the juvenile defendant's 15-year sentence with 11 years determinate for attempted rape was supported by substantial evidence. His violent, unprovoked and opportunistic crime combined with a presentence investigation report, a psychosexual evaluation, and documents from multiple other psychiatric evaluations show that he presents an extraordinarily high risk of reoffending. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: December 11, 2023, Case #: 49994, Categories: Juvenile Law, Sentencing, Sex Offender
J. Huskey finds that the trial court relied on sufficient evidence that defendant stole from her employer in ordering her to pay $24,000 in restitution. She may not have collected the cash paid to a codefendant for rooms at the hotel she managed, but she took affirmative steps to hide the theft. Also, she failed to show she was prejudiced by the late disclosure of witness testimony. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: November 21, 2023, Case #: 49030, Categories: Theft, Restitution, Due Process
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
J. Gratton finds that the trial court should have applied a felony enhancement to defendant's misdemeanor domestic battery charge due to a prior felony domestic battery conviction. Regardless of the timing of the underlying conduct, statute allows the enhancement if the felony conviction comes before the misdemeanor conviction. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 18, 2023, Case #: 49955, Categories: Criminal Procedure, Domestic Violence
[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. Gratton finds the lower court should not have Idaho’s motion in limine based on the similarities between a provision of Idaho Code and another of Spokane Municipal Code. Both laws prohibit lewd sexual conduct in public, and the laws do not need to be highly similar for a court to grant a motion in limine. As a result the misdemeanor will be enhanced to a felony. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 3, 2023, Case #: 49823, Categories: Public Indecency
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. Huskey finds that the trial court properly convicted defendant of murder. The trial court properly denied defendant's challenge to the state's peremptory removal of the only Black juror, who said he would not be able to pay attention to the trial and did not want to be a part of it. The state's removal of the juror was not racially motivated. Also, defendant did not have evidence of an alternate perpetrator to support questioning police about the possibility. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: September 20, 2023, Case #: 49110, Categories: Jury, Murder, Weapons
J. Melanson finds that the trial court properly imposed restitution on defendant for the costs of extraditing her from Wyoming to Idaho after she violated probation. The substantial evidence standard in restitution statutes was inapplicable since she agreed to pay any extradition costs as a condition of probation. Affirmed.
Court: Idaho Court Of Appeals, Judge: Melanson, Filed On: September 15, 2023, Case #: 49829, Categories: Drug Offender, Probation, Restitution
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