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Idaho Cases
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STATE OF IDAHO, Plaintiff-Respondent, v. ROBIN J. BELDEN, Defendant-Appellant. , Idaho App., November 16, 2009
Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge. Judgment of conviction for possession of a controlled substance with the intent to deliver, vacated. Molly J. Huskey, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respon...
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Gerald A. BARCELLA, Petitioner-Appellant, v. STATE of Idaho, Respondent. , Idaho App., November 13, 2009
Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John P. Luster, District Judge. Orders of the district court granting partial summary dismissal and denying application for post-conviction relief, affirmed. Nevin, Benjamin, McKay & Bartlett, LLP, Dennis A. Benjamin and Deborah Whipple, Boise, for appellant. Dennis A. Benjamin argued. Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for respond...
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Leann CRAIG, Plaintiff-Appellant, v. Steven John GELLINGS, Deverl Wattenbarger, Bart Wattenbarger, Carol Wattenbarger, and Wattenbarger Farms, Defendants-Respondents. , Idaho App., November 4, 2009
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Gregory S. Anderson, District Judge. Judgment dismissing personal injury action, affirmed. Curtis & Browning Law Offices, P.A., Idaho Falls, for appellant. Paul Curtis argued. Tolman & Brizee, P.C., Twin Falls, for respondents. Jennifer Brizee argued. LANSING, Chief Judge. This appeal challenges the district court's order dismissing Leann Craig's personal injury action on the ...
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IN RE: IDAHO DEPARTMENT OF WATER RESOURCES AMENDED FINAL ORDER CREATING WATER DISTRICT NO. 170 THOMPSON CREEK MINING COMPANY, Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES, Respondent. Boise, September Term , Idaho, October 27, 2009
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Custer County. Hon. Brent J. Moss, District Judge. Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for appellant. Dylan B. Lawrence argued. Hon. Lawrence G. Wasden, Attorney General, Boise, for respondents. Andrea L. Courtney, Deputy Attorney General, argued. District court order upholding creation of water district, affirmed. BURDICK, Justice This case arises out of the creation of Water District...
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Vaughn SCHMECHEL, individually and as surviving spouse and personal representative of The Estate of Rosalie Schmechel, deceased and Robert P. Lewis, Kim Howard and Tamara Hall, natural children of Rosalie Schmechel, deceased, Plaintiffs-Appellants, , Idaho, October 26, 2009
Appeal from the District Court of the Fifth Judicial District of the State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge. The decision of the district court is affirmed. Comstock & Bush, Boise, and Byron V. Foster, Boise, for appellants. Taylor Mossman and David Comstock argued. Hall Farley Oberrecht & Blanton, P.A., Boise, for respondent Thomas Byrne, P.A. Keely Duke argued. Chris Comstock appeared. Givens Pursley, LLP, Boise, for respondent Clinton Dille, M.D....
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Doug CRUMP and Amy Crump, husband and wife, Plaintiffs-Appellants, v. Ted BROMLEY dba Rhino Lining, Defendant-Respondent. , Idaho, October 26, 2009
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Joel E. Tingey, District Judge; Hon. Mark Riddoch, Magistrate. Award of costs and attorney fees to the prevailing party, affirmed. Smith, Driscoll & Associates, PLLC, Idaho Falls, for appellants. B.J. Driscoll argued. Blaser, Sorensen & Oleson, Chtd., Blackfoot, for respondent. Justin B. Oleson argued. BURDICK, Justice. Appellants Doug and Amy Crump (the Crumps) appeal from th...
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Paul RHOADES, Petitioner-Appellant, v. STATE of Idaho, and Tom Beauclair, Director, Idaho Department of Correction, and Greg Fisher, Warden, Idaho Maximum Security Institution, Respondents. , Idaho, October 26, 2009
Holdings: The Supreme Court, Horton, J., held that: (1) defendant failed to plead facts adequate to support his claim of prosecutorial misconduct, as would trigger equitable tolling of limitation period of Uniform Post-Conviction Procedure Act, but (2) defendant's arguments were not so wholly without merit as to warrant award of attorney fees. Affirmed. Appeal from the District Court of the Seventh Judicial District of the State of Idaho, Bonneville County. Hon. Jon J. Shindurling, D...
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Evan Edward MORGAN, Jr., Petitioner-Appellant, v. SEXUAL OFFENDER CLASSIFICATION BOARD, Respondent. , Idaho, October 26, 2009
Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. D. Duff McKee, Senior District Judge. The decision of the district court is affirmed. Alan E. Trimming, Ada County Public Defender, Boise, for appellant. Richard Toothman argued. Lawrence G. Wasden, Attorney General, Boise, for respondent. Mark Kubinski argued. HORTON, Justice. This is a petition for review from the decision by the Idaho Court of Appeals affirming the district ...
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