24 results for 'judge:"Zahn"'.
J. Zahn finds that the district court was within its discretion to exclude evidence that the bicyclist who defendant struck with a vehicle was also under the influence, as that evidence did not constitute an intervening, superseding cause of the collision. The state was only required to show a causal connection between defendant's actions and the bicyclist's injuries to prove aggravated DUI. Also, the admission of defendant's blood alcohol content was supported by expert testimony about testing procedure, despite the lapsed certification of the officer who administered the test. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 1, 2024, Case #: 50701, Categories: Evidence, Dui, Experts
J. Zahn finds that the trial court properly set aside a transfer of real property from two Medicaid recipients to their grandchildren. The Department of Health and Welfare was authorized to seek reimbursement for Medicaid benefits paid and to set aside the transfer since the grandparents' estates did not receive adequate consideration for the property. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 11, 2024, Case #: 50302-2022, Categories: Medicaid, Property, Wills / Probate
J. Zahn holds that the trial court lacked jurisdiction to modify defendant's sentence for a felony DUI conviction. A stay pending an appeal that failed did not toll the clock on his modification motion, which came three years after sentencing. His original sentence of six years with one year fixed is reinstated. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 3, 2024, Case #: 50765-2023, Categories: Sentencing, Dui, Jurisdiction
J. Zahn finds that the district court properly rejected challenges to a roadway easement and a shared well easement. A boundary line adjustment was valid and no prescriptive easement to land subject to the new boundary line was established. An order to remove a spite fence was proper because the fence interfered with easement rights. A partial award of attorney fees was based on a consideration of the entire history of litigation. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: February 27, 2024, Case #: 49773-2022, Categories: Property, Attorney Fees
J. Zahn finds that the district court improperly relied on a modern confluence of creeks for its injury analysis in a water rights dispute. The historic confluence must be used for the injury analysis since the diversionary ditch that created the modern confluence was not claimed in the Snake River Basin Adjudication and was therefore not authorized. Reversed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: February 2, 2024, Case #: 50000-2022, Categories: Water
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Zahn holds that state administrative agencies properly invoked the Supreme Court's jurisdiction to determine whether provisions of the Administrative Procedures Act that require legislative approval of pending administrative fee rules are constitutional. The State Athletic Commission and the Division of Occupational and Processional Licenses have standing to allege that the refusal by the state Administrative Rules Coordinator to publish their pending rules prevented them from fulfilling their statutory duties. However, the Commission and the Division are not entitled to mandamus relief because the Act requirement for legislative approval does not violate the Idaho Constitution's separation of powers provision. The authority of the executive branch to engage administrative rulemaking is not a constitutional power, as it was granted by the legislature.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: January 29, 2024, Case #: 51211, Categories: Administrative Law, Constitution, Jurisdiction
J. Zahn finds that the district court properly held that a fire protection district did not owe a duty in tort to the owner of a sawmill and lumber yard that was destroyed in a wildfire. Likewise, the owner failed to show that a tort duty was created by a special relationship between the fire protection district and the owner since the district did not exercise custody or control over the sawmill and lumber yard. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: January 11, 2024, Case #: 49279, Categories: Tort
J. Zahn finds that the Sex Offender Registry was within its discretion to rely on documents used to convict defendant of sexual abuse in Oregon to establish the substantially equivalent offense in Idaho for registration purposes. Also, the Registry was not required to consider whether the Oregon offense was a misdemeanor or felony in its equivalence determination. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: January 3, 2024, Case #: 49547, Categories: Sex Offender
J. Zahn upholds the trial court's evidentiary rulings in a trial that ended with defendant's conviction for assault on a police officer. It properly excluded evidence of his civil suit against the police department as irrelevant, admitted evidence that his gun fired after he was tased and excluded video evidence of police returning fire. And the exclusion of video showing that he did not fire his gun a second time was harmless error. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 20, 2023, Case #: 48949-2021, Categories: Evidence, Assault
J. Zahn finds that the trial court must allow a jury to consider whether yellow padding on a snow gun involved in a deadly collision met the statutory warning requirement. A jury must also determine whether a conspicuous notice was present at the top of the ski run, and whether the resort can use an assumption of risk defense. Reversed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 19, 2023, Case #: 49693-2022, Categories: Wrongful Death
J. Zahn finds that the trial court properly granted summary judgment to employers accused of having their store manager falsely arrested. The manager failed to show the employers had knowingly made a false statement to police, or that they were malicious when accusing him of grand theft. Also, he was an at-will employee so there was no breach of an enforceable employment contract. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 19, 2023, Case #: 49535-2022, Categories: Employment, Defamation
J. Zahn finds that the trial court properly declined to suppress drug evidence found by a drug-sniffing dog. Police developed a reasonable suspicion of drug activity early in the traffic stop, based on defendant's appearance and story, and did not prolong the stop by pursuing unrelated activities. Also, his objection to the trial court's reduction of his peremptory challenges is not constitutionally supported. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: November 9, 2023, Case #: 48839-2021, Categories: Drug Offender, Search, Due Process
J. Zahn finds that substantial evidence supported lower court determinations that an assisted living facility failed to provide a safe living environment or follow federal guidance for Covid-19 infection control training. The district court properly upheld a hearing officer's decision that new admissions to the facility could be banned until it complied with the guidance. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: September 22, 2023, Case #: 49852-2022, Categories: Administrative Law, Health Care, Covid-19
[Substitute opinion.] J. Zahn finds that the revised short and general ballot titles for the "The Idaho Open Primaries Act" that were submitted by the Attorney General substantially comply with this court's August 10, 2023 opinion and order. The previous short and general ballot titles for "The Idaho Open Primaries Act" did not substantially comply with statute. The titles did not match the language of the initiative or the way the system it proposes is commonly referred to. The term "nonparty blanket primary" was not adequately distinctive and it is prejudicial. Also, the statement that the initiative would "require ranked choice voting" was prejudicial. Without valid, certified ballot titles, proponents of the measure could not start the process of collecting signatures. The proponents have associational standing because they have established injury in fact from the inability to gather signatures, gathering signatures is germane to their alleged purpose and the benefits of valid titles would be shared by the proponents without need to show benefits to individual members.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 16, 2023, Case #: 50940, Categories: Elections
J. Zahn finds that the short and general ballot titles for "The Idaho Open Primaries Act" do not substantially comply with statute. The titles do not match the language of the initiative or the way the system it proposes is commonly referred to. The term "nonparty blanket primary" is not adequately distinctive and it is prejudicial. Also, the statement that the initiative would "require ranked choice voting" is prejudicial. Without valid, certified ballot titles, proponents of the measure cannot start the process of collecting signatures. The proponents have associational standing because they have established injury in fact from the inability to gather signatures, gathering signatures is germane to their alleged purpose and the benefits of valid titles would be shared by the proponents without need to show benefits to individual members.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 10, 2023, Case #: 50940, Categories: Elections
J. Zahn holds that a father's appeal of the denial of his petition to modify child custody is moot since the district court already sent the case back to the magistrate court for reconsideration.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 4, 2023, Case #: 49795-2022, Categories: Family Law
J. Zahn finds that an unemployment claimant, who was denied benefits because he was fired for misconduct, failed to support his appeal of a benefits denial with transcripts or citations to the record, case law or statute. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 3, 2023, Case #: 49196, Categories: Employment
J. Zahn holds that the trial court should have obtained defendant's waiver of his right to a jury trial before imposing a sentencing enhancement. The trial court must hold a new trial on the enhancement, which ups a conviction from a misdemeanor to a felony where a defendant has been convicted of another felony DUI within the previous 15 years. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: July 20, 2023, Case #: 49241, Categories: Sentencing, Dui, Due Process
J. Zahn holds that the trial court's dismissal of the jury before applying a sentencing enhancement following a DUI conviction was fundamental error. A new trial is needed to determine whether an enhancement based on a prior felony DUI conviction applies. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: July 20, 2023, Case #: 49241, Categories: Jury, Sentencing, Dui
J. Zahn finds that the trial court erred in modifying a child custody order instead of addressing the primary ground that a mother sought modification, which was the father's failure to install code-compliant windows in his home. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: June 8, 2023, Case #: 50107, Categories: Family Law
J. Zahn finds that differences between description of assault in a charging document and those given in the jury instructions did not create a fatal variance. Also, defendant was not entitled to an instruction on the offense of discharge of a firearm at another because it is not a lesser-included offense of aggravated assault on a peace officer. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: June 7, 2023, Case #: 48985, Categories: Assault, Jury Instructions
J. Zahn finds the trial court properly dismissed this fraud suit alleging the lawyer’s wife hindered the injured motorcyclist in his efforts to collect on a $5 million judgment arising from the lawyer’s alleged malpractice by his unsuccessful representation in an injury suit. The lawyer moved to Florida after the motorcyclist’s attorney threatened to foreclose on his California home. The lawyer’s wife acted in good faith after he transferred a house to her during divorce proceedings. Her lack of knowledge of the judgment is supported by substantial evidence. The wife established the affirmative defense set out in California Civil Code. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 22, 2023, Case #: 49136, Categories: Fraud, Property, Tort
J. Zahn finds that the trial court was right to dismiss a contract and specific performance action over an offer to buy a townhome development. The offer was not an enforceable contract because it constituted an agreement to agree, while the property description and terms in the offer were not adequately specific under the statute of frauds. The seller is entitled to attorney fees incurred at trial and on appeal as the prevailing party. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 17, 2023, Case #: 49184, Categories: Property, Attorney Fees, Contract