20 results for 'judge:"Moeller"'.
J. Moeller finds that the district court properly held that a Department of Water Resources enforcement action was not barred by a two-year limitations period. The period began to run when the department's director became aware that a landowner had not completed the streambank restoration required by a consent order. The landowner was involved in ongoing negotiations with the department over his compliance, so the director would have first known he did not plan to comply when he sought declaratory relief. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: April 24, 2024, Case #: 50273, Categories: Environment, Water
J. Moeller finds that the trial court improperly admitted video evidence of recorded interviews with defendant's alleged victim by a social worker in his trial for lewd conduct and disseminating harmful material to a minor. The purpose of the social worker's questioning was not only diagnostic, as she sought details about the perpetrator to build a criminal case and was partially guided by an investigator monitoring the interview over a closed-circuit monitor. The forensic component of the interview transformed it from medical to investigatory, and the video evidence into testimony subject to confrontation. Vacated.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 8, 2024, Case #: 50523, Categories: Confrontation, Sex Offender, Child Victims
J. Wootton finds that the trial court properly denied a patient's motions for more time to respond to motions for summary judgment on her medical malpractice claims. She failed to explain what additional discovery she planned or how more time would otherwise allow her to show any genuine issue of material fact that would preclude summary judgment. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 1, 2024, Case #: 49915, Categories: Discovery, Medical Malpractice
J. Moeller finds that the district court properly denied defendant's motion for a new trial for first-degree murder after he alleged that a juror had been asleep during part of the original trial. The district court observed the juror briefly nodded off and was promptly aroused by a bailiff, while defendant failed to provide clear and convincing evidence of juror misconduct. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: January 31, 2024, Case #: 49266, Categories: Jury, Murder
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
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J. Moeller grants the public defender's petition for a writ of mandamus arising from the district court's refusal to allow him to appoint a defendant a new attorney due to a conflict of interest. The public defender has the authority to arrange counsel for indigent clients due to a conflict of interest or for any other reason. Other conflicts will be addressed by the newly appointed judge in the matter.
Court: Idaho Supreme Court, Judge: Moeller , Filed On: December 18, 2023, Case #: 50987, Categories: Judiciary, Due Process
J. Moeller holds that the trial court erred in granting summary judgment in a foreclosure action that it found was time-barred. Any payment of principal and interest, whether before or after the initial lapse of the statute of limitations, removes the time bar. A factual dispute over the nature of a payment and whether it was made by a mortgage obligor should have precluded summary judgment. Reversed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 29, 2023, Case #: 49419, Categories: Foreclosure
J. Moeller finds that no dispute of fact existed to prevent the trial court from granting a city summary judgment in a slip and fall case. The city did not have knowledge about a small icy patch at the airport that was an isolated incident and not the result of a flawed operating method that created recurring hazards. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 28, 2023, Case #: 49606, Categories: Negligence
J. Moeller finds that the trial court properly entered a default award in favor of homebuyers who sued a builder for construction defects and other causes. But the homebuyers did not plead a specific damages amount in their complaint and the trial court failed to support its award with sufficient evidence, so the builder's challenge to the amount may proceed. Vacated in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 28, 2023, Case #: 48954, Categories: Construction, Damages, Contract
J. Moeller vacates the lower court’s judgment in favor of a trust because the suing trust did not have standing to assert their claims objecting to the establishment of an affordable housing project on county land designated for public use. Costs, though not attorney fees, are issued to the sued housing authority, housing trust and county.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 48799, Categories: Trusts, Housing
J. Moeller finds that the trial court properly provided the jury instructions for felony battery on a police officer and denied defendant's request for instructions on either misdemeanor resisting an officer or misdemeanor battery. Resisting arrest is not a lesser included offense of battery and the evidence showed that her kick to the officer's stomach was a felony "strike." Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 49255, Categories: Resisting Arrest, Battery, Jury Instructions
J. Moeller finds that the trial court properly granted defendant's motion to compel the production of video and police reports of prior searches performed by a police dog that alerted to drugs in her vehicle. The records were material to a defense challenging the reliability of the dog's performance in the field and the state did not show that producing the records was unduly burdensome. And the police work in conjunction with the prosecution, so police records are effectively within the prosecutor's possession, control and custody. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 20, 2023, Case #: 50078, Categories: Drug Offender, Search, Discovery
J. Moeller finds that the trial court improperly granted an insurer summary judgment on an insured's underinsured motorist claim. The insurer's argument that its insured prejudiced its subrogation right was false since it did not disclose that it had settled all its claims with the underinsured driver, which extinguished its subrogation rights. The insured is entitled to attorney fees because the insurer's "defense was frivolous, unreasonable, and without foundation." Reversed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 15, 2023, Case #: 49299, Categories: Insurance, Attorney Fees
J. Moeller holds that substantial evidence that charitable donations were directed to victims of a mass stabbing supported the magistrate court's conclusion that a trust had been formed. The trust was within its discretion to make a final distribution and the distribution was reasonable. The magistrate court properly limited evidence to the reasonableness of the method used to distribute the donations. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 12, 2023, Case #: 49678, Categories: Trusts, Due Process
J. Moeller finds that the district court properly concluded that a juvenile may not appeal a magistrate court's refusal to suppress drugs found in his wallet until he has been adjudicated a juvenile offender, which would bring him into the purview of the Juvenile Corrections Act. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 5, 2023, Case #: 49619, Categories: Drug Offender, Juvenile Law, Search
J. Moeller upholds the trial court's dismissal of an inverse condemnation and breach of contract action against the state transportation department. Property owners failed to show that the statute of limitations was tolled between 2000, when they last challenged the department's 1997 taking, and 2016 when they sued. The department is not entitled to attorney fees because the gravaman of the owners' inverse condemnation claim was constitutional and was not based on the original contract the parties entered over the owners' access to their property. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: August 14, 2023, Case #: 48898, Categories: Property, Attorney Fees, Contract
J. Moeller finds that the trial court properly convicted defendant in a second retrial of murdering two people at a campsite in 1985. The state's late disclosure of prison phone calls made by defendant's brother, which were not admitted into evidence, did not prejudice defendant, and it was within the trial court's discretion to allow the state to question the brother about the content of the calls as prior inconsistent statements. Statements made by the trial court in the first retrial did not express principle or a rule of law, so the law of the cases doctrine did not apply to them. His speedy trial rights were not violated by the second retrial, which came more than 25 months after the first retrial was declared a mistrial, since he caused most of the delay and it did not result in prejudice. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: July 12, 2023, Case #: 47522, Categories: Evidence, Murder, Speedy Trial
J. Moeller finds that the trial court properly refused to unseal privileged correspondence between a city attorney and city manager regarding a taxpayer's challenge to city finances. Interdepartmental fund transfers did not violate statute or the state constitution and payments to private entities for golf course maintenance were properly contracted. The taxpayer lacked standing as an individual to challenge the city's provision of water for the golf course. However, the district court erred in finding the taxpayer did not meet the notice requirements of the Tort Claim Act, but since he sued in an individual capacity, the error is moot. Reversed in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: July 10, 2023, Case #: 49667, Categories: Government, Privilege
J. Moeller finds that issues of fact should have stopped the trial court from granting a county summary judgment on a public works contractor's claims for underpayment. The contractor claimed the county's agent had authorized additional work on a road, so the trial court must determine whether the agent had actual or apparent authority to authorize the work. Reversed in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: June 13, 2023, Case #: 49373, Categories: Contract