21 results for 'judge:"Bevan"'.
J. Bevan finds that the Industrial Commission properly awarded medical benefits to an employee based on the full invoiced amount for the employee's medical expenses. Under this court's decision in Neel, the full invoiced amount is due if the workers' compensation surety denies a claim that the Commission subsequently finds is compensable. The employer and surety argued that Medicaid recipients should be excluded from the Neel full invoice doctrine, but doing so would pose a hardship for the most vulnerable employees. Also, the employee is not entitled to attorney fees on appeal because the appeal by the employer and surety was not frivolous. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: April 2, 2024, Case #: 49940, Categories: Medicaid, Attorney Fees, Workers' Compensation
J. Bevan finds the trial court properly refused to suppress methamphetamine found during a traffic stop. Police had a sufficiently reasonable suspicion of improperly secured hazardous materials to pull over defendant's semitrailer for safety purposes. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: April 1, 2024, Case #: 48808, Categories: Drug Offender, Search
J. Bevan, in answer to a question certified from the U.S. District Court, holds that wage discrimination claims under the Human Rights Act begin to accrue when an employer makes a pay-setting decision and informs the employee. Wage discrimination claims under the Equal Pay Act begin to accrue when the employee receives each discriminatory paycheck.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: March 21, 2024, Case #: 50703, Categories: Employment
J. Bevan finds that the trial court was within its discretion to admit evidence of a misdemeanor theft conviction for its probative value in determining defendant's truthfulness in a domestic battery trial. The evidence was not unfairly prejudicial since it did not suggest defendant had a history of violence, but rather that he was lying about assaulting his girlfriend. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: February 29, 2024, Case #: 50026, Categories: Evidence, Domestic Violence
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J. Bevan holds that the trial court erroneously found that unlawful detainer law conflicts with the constitutional right to a jury trial. Repossession of under 5 acres of land is an equitable question that does not require a jury. However, the tenant's claim that she was evicted in retaliation for making repair requests is a legal question with issues of fact a jury must decide. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: January 3, 2024, Case #: 49976, Categories: Jury, Landlord Tenant
J. Bevan finds that the Industrial Commission erred in concluding that an employer failed to show it fired an employee for misconduct. The standards of behavior test measures the subjective expectations of the employer, not the employee. The record shows that the employee's refusals to meet with a supervisor were insubordinate and she did not respond to warnings, so she is not entitled to unemployment benefits. Reversed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 28, 2023, Case #: 50045, Categories: Employment
J. Bevan finds the district court improperly released the mechanic’s lien bond. The construction company filed the bond for release from a lien imposed by the rental company for failure to pay for equipment. The lien release bond was substitute security in a contest of priority over the lien rights of the interested parties and was not associated with the personal rights of the parties against the bond itself. Reversed and vacated.
Court: Idaho Supreme Court, Judge: Bevan , Filed On: December 18, 2023, Case #: 49708, Categories: Construction, Contract
J. Bevan finds that a developer has standing due to an assignment of rights to challenge an easement on its property, despite a lack of contractual privity. But the contract between the developer's predecessor and a neighbor was an agreement to agree, not an enforceable contract to relocate a parking lot. Also, the developer waived its challenge to the district court's evidentiary rulings and an order denying equitable estoppel. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 8, 2023, Case #: 49679, Categories: Property, Contract
J. Bevan finds that the trial court was within its discretion to correct the date on an exhibit that was a judgment from a prior felony conviction. The correction was not an intervention or offer of extrajudicial facts that could be construed as witness testimony. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 6, 2023, Case #: 48939, Categories: Evidence, Sentencing, Vehicle
J. Bevan finds that the trial court properly ordered the removal of five children from their father's home. The trial court verbally provided sufficiently detailed findings of fact. The order was supported by substantial evidence that the children were being manipulated by their parents, who were unable to exchange custody without fighting each other. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: November 3, 2023, Case #: 50875, Categories: Family Law
[Substituted.] J. Bevan finds that the trial court properly dismissed defendant's post-conviction claims of actual innocence and Brady violations related to his aiding and abetting aggravated battery and kidnapping convictions. His petition was untimely and the Supreme Court Schlup decision cannot toll the clock since it is inapplicable to Idaho post-conviction cases, as actual innocence claims in non-capital state cases are limited to DNA and fingerprints. And the Brady claim did not warrant an evidentiary hearing because of his unreasonable delay in raising it. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 27, 2023, Case #: 48846, Categories: Battery, Kidnapping
J. Bevan upholds the trial court determination that Idaho law established the limitations period on a commercial landlord's breach of contract cause of action on claims against its tenant that it bought from a third-party creditor, and that the period was stayed by a bankruptcy proceeding. But the trial court should have held that the bankruptcy stay also applied to the landlord's claims against the tenant related to the lease and tenancy. Vacated in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 26, 2023, Case #: 49633, Categories: Bankruptcy, Civil Procedure, Contract
J. Bevan finds that the trial court properly dismissed most of a property owner's claims over a rejected plan to build a gas station. The owner was not required to exhaust his administrative remedies before challenging the rejection in court because of the demonstrated bias against the plan shown by city administrators, so his tort claim for interference with economic expectancy may proceed. Reversed in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 15, 2023, Case #: 48721, Categories: Zoning, Interference With Contract
J. Bevan holds that the district court properly found that a client could not prevail in a legal malpractice case that alleged her attorneys had not timely filed an underlying medical malpractice case. The district court used the correct standard to find that the client's medical experts were not qualified to testify about her underlying medical malpractice claims. Without expert testimony supporting the underlying medical malpractice claims, she failed to establish a prima facie medical malpractice case as required for the legal malpractice claim. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49300, Categories: Experts, Medical Malpractice, Legal Malpractice
J. King finds that the district court properly dismissed a mother's civil rights and false reporting complaint against two doctors, a detective, a prosecutor and a social worker who alleged she had abused or neglected her son. Her third amended complaint was dismissed because defendants were immune from liability and the complaint failed to state a valid claim for relief. She waived her right to appeal the dismissal of the third amended complaint because her appeal relies on facts and allegations from a proposed fourth amended complaint that was denied by the district court. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49385, Categories: Civil Procedure, Civil Rights, Immunity
J. Bevan finds that the trial court properly denied defendant's motion to strike evidence supporting a restitution order for theft from the motel where he worked. The state's late disclosure that a witness had been found incompetent to stand trial in his own criminal case did not prejudice defendant and the standard for competency for witnesses is lower than the standard to stand trial. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: August 30, 2023, Case #: 49029, Categories: Theft, Restitution, Witnesses
J. Bevan finds that the district court properly suppressed DUI evidence collected during a warrantless misdemeanor arrest by a police officer who had not witnessed defendant driving. An off-duty officer witnessed defendant driving drunk and called it in to dispatch. An on-duty officer later detained defendant at his home, established probable cause using field sobriety tests and arrested him for a misdemeanor DUI. Neither officer had both presence and probable cause for the the arrest and their collective knowledge did not satisfy the constitutional "in the presence of an officer" requirement. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: August 15, 2023, Case #: 49099, Categories: Search, Dui
J. Bevan finds that the district court properly relied on the record in a de novo review to hold that the magistrate court misinterpreted a trust. The district court did not conduct a trial de novo on intermediate appeal, as alleged by potential trust beneficiaries. The district also properly reversed the magistrate court, finding that the trust was ambiguous, as the trust clearly outlines its testamentary appointment provisions. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: June 23, 2023, Case #: 49572, Categories: Wills / Probate
J. Bevan finds that a county was properly granted summary judgment on an employee's claim his firing was whistleblower retaliation. The employee did not provide transcripts of the surreptitious recordings he made of conversations with his supervisors. The recordings got him fired but he claimed they showed the wrongdoing that he was trying to stop. He also failed to cite case law or statute in support of his appeal. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: June 7, 2023, Case #: 49694, Categories: Employment