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Idaho Discovery Law
 

State of Ilaho v. William James Agnew

Twin Falls, ID - Defendant Found Not Guilty of Assault and Battery With a Dangerous Weapon

The State of Idaho charged William James Agnew, age 55, with assault and batter with aggravated battery (knife) as a result of an incident on May 7, 2016 outside a Jefferson Street Apartment in Twin Falls. During the confrontation, Raymond Stark was stabbed by Agnew. The problem arose when Agnew w... More...
   $0 (10-22-2016 - ID)

State Of Idaho v. Doris Nepa Hays

At 11:30 p.m., Ponderay City Police Officer Brian Koch stopped Hays for exceeding the speed limit. Upon making contact, Officer Koch noticed that Hays appeared to be very nervous. He asked her questions about her nervousness and destination. Hays provided Officer Koch with her driver’s license and registration, but she did not have proof of valid insurance. Officer Koch informed Hays that alth... More...   $0 (10-15-2015 - ID)

State Of Idaho v. Stephen P. Rozajewski

A police officer was assisting probation officers with the search of a probationer’s residence, where Rozajewski had recently begun renting a bedroom from the probationer. The probationer, the probationer’s girlfriend, Rozajewski, and Rozajewski’s friend were present at the residence at the time of the search. Upon entering the residence, the officers found various items of paraphernalia and sma... More...   $0 (09-29-2015 - ID)

Perry Krinitt v. Dept of Fish and Game

This lawsuit arose out of a fatal helicopter crash that occurred on August 31, 2010, in Kamiah, Idaho. The Idaho Department of Fish and Game (Department) had contracted with Leading Edge Aviation, LLC, to fly two Department employees from Clarkston, Washington, to the Selway River in Idaho in order to collect data on salmon spawning. The pilot of the helicopter was Perry J. Krinitt, Jr., the son... More...   $0 (09-26-2015 - ID)

State Of Idaho v. Michael Eugene Koch

A grand jury indicted Koch on four counts of lewd conduct with a minor under sixteen on November 15, 2011, with “C.C.” named as the complaining witness in all counts. Count I alleged the crime was committed “by manual to genital and/or oral to genital contact” between January and May 2011. Counts II, III, and IV all alleged genital to genital contact in April 2011. Koch’s daughter, T.K., was a cl... More...   $0 (09-21-2015 - ID)

State Of Idaho v. Michael Rowe Russo

In the predawn hours of August 27, 2009, a woman sleeping in the bedroom of her apartment in Nampa, Canyon County, Idaho, awakened to see an unknown male standing over her with a knife in his hand. He was wearing a mask that covered his face and exposed his eyes. He put a hand over her mouth and held a knife against her throat, and he then stated that she was going to cooperate. He initially att... More...   $0 (09-21-2015 - ID)

United States of America v. Adrian Q. Brown-Sonder

COEUR D'ALENE, ID - Plummer Idaho Man Sentenced For Killing Eagles

Adrian Q. Brown-Sonder, 24, of Plummer, Idaho, was sentenced to three years of probation and 300 hours of community service for violating the Bald and Golden Eagle Protection Act, U.S. Attorney Wendy J. Olson announced. Visiting U.S. District Judge Terry J. Hatter, Jr. also ordered Brown-Sonder to pay $4,000 in restitutio... More...
   $0 (09-16-2015 - ID)

State of Idaho v. Stephen P. Rozajewski

Stephen Phillip Rozajewski appeals from his judgment of conviction for unlawful possession of a firearm. Specifically, he challenges the district court’s denial of his motion to suppress. For the reasons set forth below, we affirm. A police officer was assisting probation officers with the search of a probationer’s residence, where Rozajewski had recently begun renting a bedroom from the probati... More...   $0 (09-16-2015 - ID)

DOE(s) v. Boy Scouts of America, CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS

The underlying case arose out of the claims of several men who joined Boy Scout troops when they were children and were allegedly sexually abused by their scout leaders. The Church of Jesus Christ of Latter Day Saints (LDS Church) sponsored some of the troops at issue in this case. On June 24, 2013, Does I–IV1 filed a complaint—which was later amended—against Boy Scouts of America and the LDS Chur... More...   $0 (08-29-2015 - ID)

State v. Azad Haji Abdullah

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...   $0 (08-12-2015 - ID)

State of Idaho v. Kenny Carl Struhs

On August 2, 2012, Kenny Carl Struhs was invited to the home of a friend for a barbecue in Blackfoot. Struhs had five or six beers before arriving at the barbecue and had five to seven more once there. Later, Struhs was involved in a confrontation and left in his vehicle. He entered an intersection without observing a stop sign and collided with a motorcycle driven by Brent Hansen, with Brent’s si... More...   $0 (08-03-2015 - Id)

United States of America v. Vachik Babayan

BOISE – Vachik Babayan, 42, of Tujunga, California, was sentenced to 11months and 25 days in prison for access device fraud for possessing fifteen or more unauthorized credit card account numbers, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Babayan to pay a $10,500 fine, to pay restitution in the amount of $9,999, and to serve three months of home de... More...   $0 (06-08-2015 - ID)

State of Idaho v. Kristi L. Hurles

Kristi Hurles pleaded guilty to grand theft for embezzling from her employer, was sentenced to fourteen years with two years fixed, and was ordered to pay $204,174.61 in restitution. Hurles appealed, challenging the restitution order in a number of respects. The Court of Appeals initially considered the appeal, reversing the restitution order in part, affirming in part, and remanding the case to t... More...   $0 (05-21-2015 - Id)

United States of America v. Adrian Q. Brown-Sonder

COEUR D'ALENE, ID - Adrian Q. Brown-Sonder, 23, of Plummer, Idaho, pleaded guilty to violating the Bald and Golden Eagle Protection Act. Brown-Sonder was charged by the United States Attorney’s Office on January 26, 2015.

According to the plea agreement, a confidential informant contacted Coeur d’Alene Tribal Police, who in turn contacted the FBI and U.S. Fish and Wildlife Service, a... More...
   $0 (05-22-2015 - ID)

Dennis Ray Hennefer v. Blaine County School District #61

The appellant, Blaine County School District #61 (School), appeals from a jury verdict and post-trial orders favoring the respondents, Dennis and Maryann Hennefer, the parents of Austin Hennefer, who died in a T-bone type automobile accident while performing a three-point turnabout at the instruction of Jeffrey Mecham, a School driver training instructor. The jury returned a special verdict, findi... More...   $0 (03-30-2015 - ID)

Big Wood Ranch, LLC v. Water Users' Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc.

This action stems from attempts by the Water Users’ Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc. (Association) to collect assessments from Big Wood Ranch, LLC (BWR) for maintenance performed by the Association on the Broadford Slough (Slough) and Rockwell Bypass (Bypass), which are conduits for the delivery of surface water to property owned by BWR and some of it... More...   $0 (03-02-2015 - ID)

Scott and Meri Bybee v. Patrick D. Gorman, M.D., Fred Meyer Pharmacy, and Fred Meyer Stores, Inc.

This appeal arises from a medical malpractice claim brought by Scott and Meri Bybee against Dr. Patrick Gorman. The district court granted Dr. Gorman’s motion for summary judgment after concluding that the Bybees’ medical expert had failed to show adequate familiarity with the applicable standard of health care practice in the relevant community as required by Idaho Code sections 6-1012 and 6-... More...   $0 (09-19-2014 - ID)

Samuel J. Zylstra v. State of Idaho and Boise State University

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.
I. NATURE OF THE CASE
This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Z... More...
   $0 (10-29-2014 - ID)

Su Warren v. Williams & Parsons, P.C.

Su Warren sought worker’s compensation benefits from her employer, Williams & Parsons, PC, CPAS (Williams & Parsons), and Idaho State Insurance Fund (ISIF), for injuries received on January 23, 2007, during the course of her employment. The Idaho Industrial Commission (the Commission) concluded that Warren had a permanent partial impairment (PPI) of five percent of the whole person and was entit... More...   $0 (11-06-2014 - ID)

Christian Westby v. Gregory Schaefer, M.D. and Mercy Medical Center, NAMPA

Christian Westby, James Westby, and Kristina Westby (collectively “the Westbys”) permissively appealed the Canyon County district court’s denial of the Westbys’ motion to reconsider the court’s protective order granted to Mercy Medical Center and Dr. Gregory Schaefer.
This case arose from the Westbys’ claim that Dr. Schaefer’s and Mercy Medical’s negligence resulted in lifelong... More...
   $0 (11-25-2014 - ID)

Gregory Hull v. Richard B. Giesler and Idaho Trust Deeds, LLC

Richard Giesler and Idaho Trust Deeds, LLC (collectively “Giesler”) appeal the Twin Falls County district court’s judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory Hull that related to purchasing and subdividing property. After a bench trial, the court found that Hull sold the property to Giesle... More...   $0 (08-06-2014 - ID)

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Reed J. Taylor v. Richard A. Riley

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...   $0 (08-27-2014 - ID)

Francisco Serrano v. Four Seasons Framing

This is an appeal from a decision of the Industrial Commission finding that Francisco Serrano failed to prove that the condition for which he claimed additional benefits was caused by industrial accidents occurring in 2004 and 2008 while he was working for Four Seasons Framing (Four Seasons). We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Serrano worked as a framer for Four Seasons from S... More...
   $0 (08-22-2014 - ID)

Kenton D. Johnson v. Highway 101 Investments, LLC

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...   $0 (02-07-2014 - ID)

Clearwater REI, LLC v. Mark Boling

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea... More...
   $0 (02-11-2014 - ID)

Bradley K. Morgan v. New Sweden Irrigation District

This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal
banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his
property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence
and scope, and then moved for summary judgment. The Bonneville County district court granted
partial summa"ry judgment, ... More...
   $0 (03-13-2014 - ID)

William J. Waters v. All Phase Construction

This is an appeal from the Industrial Commission in a worker’s compensation proceeding in which the Commission held that the claimant had failed to prove that symptoms occurring after his industrial accident were caused by the accident, where following his industrial accident he had been twice injured in non-industrial accidents and refused to provide the medical records regarding those injuries... More...   $0 (03-18-2014 - ID)

Jamee Lee Wade v. Bryan F. Taylor

This appeal arises from a Petition for Access to Public Records filed by Jamee Wade seeking the disclosure of investigatory records in the possession of the Canyon County Prosecuting Attorney’s Office (CCPA). The district court ordered CCPA to produce the records pursuant to the request, but limited disclosure to Wade and his counsel. CCPA timely appealed. We vacate the judgment of the district ... More...   $0 (03-18-2014 - ID)

Marco Antonio Fonseca v. Corral Agriculture, Inc.

This is an appeal from a decision of the Industrial Commission (Commission). The Commission denied Marco Fonseca workers’ compensation benefits after concluding he failed to prove he suffered an accident in September 2010. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
In September 2010, Corral Agriculture, Inc. (Corral) contracted with Williamson Orchards to provide laborers to pick ap... More...
   $0 (03-19-2014 - ID)

Marvin F. Morgan v. Michael Alexander Demos, M.D.

Appellant Marvin F. Morgan appeals the dismissal of his wrongful death action under I.R.C.P. 40(c), as well as an order imposing sanctions against him and his former attorney pursuant to I.R.C.P. 37(a)(4). We affirm the judgment dismissing the case without prejudice but vacate the order granting sanctions.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Marvin F. Morgan, acting through his former... More...
   $0 (03-19-2014 - ID)

Idaho Military Historical Society, Inc. v. Holbrook Maslen and Aeroplanes Over Idaho, Inc.

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI”) and Holbrook Maslen (“Defendants”), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild”) owned by the Idaho
Aviation Hall of Fame (“IAHOF”) and transferred to the Idaho Military Historical Society (“IMHS”)... More...
   $0 (06-17-2014 - ID)

State of Idaho v. George Alan Kapelle

George Alan Kapelle appeals from his judgment of conviction for manufacturing marijuana and unlawful possession of a firearm. Specifically, he argues the district court erred in denying his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In July 2011, officers received a confidential tip that a wanted felon was hiding in an abandoned trai... More...
   $0 (05-07-2014 - ID)

State of Idaho v. Jose Guadalupe Perez-Jungo

Jose Guadalupe Perez-Jungo appeals from his judgment of conviction for possession of a controlled substance. Specifically, he alleges that the district court erred in denying his motion to suppress based on the extension of the duration of an investigative detention. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

The following facts were adduced through tes... More...
   $0 (05-20-2014 - ID)

Twylla Robinson v. Connie Mueller

Twylla Robinson appeals from the district court’s grant of summary judgment in favor of Connie Mueller, as personal representative of the Estate of Hazel Marquardt. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Marquardt (the landlord) owned a two-story home and rented the second level as an apartment to a tenant. The apartment’s bedroom contained acce... More...
   $0 (04-01-2014 - ID)

Kenton D. Johnson v. Highway 101 Investments, LLC

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...   $0 (02-07-2014 - ID)

Craig E. Peterson v. Wesley J. Gentillon

Appellants Lamon “Mont” and Lori Gentillon as well as Wes and Connie Gentillon (the Partnership) appeal from the district court’s order granting title to all but .34 acres of a disputed parcel of land and a 30-foot easement in favor of Craig and Janice Peterson (the Petersons) in an action to quiet title to certain portions of riparian and agricultural land in Bingham County, Idaho. In 1998,... More...   $0 (02-26-2013 - ID)

Buku Properties, LLC v. Raoel H. Clark

This is an appeal from the district court’s grant of summary judgment in favor of Buku Properties, LLC. Buku initiated this lawsuit to recover earnest money deposits from Raoel and Janet Clark and Jerry and Betty Peterson (collectively “Appellants”), after two codependent land sale contracts involving Buku and Appellants failed to close. We affirm.

I.

FACTUAL AND PROCEDURAL HIS... More...
   $0 (12-21-2012 - ID)

Gary Duspiva v. Clyde Fillmore

Gary Duspiva, a well driller, initiated this suit against Clyde and John Fillmore to recover money that he claimed to be owing for well drilling services. The Fillmores counterclaimed, alleging Duspiva violated the Idaho Consumer Protection Act1 (ICPA). The matter proceeded to a court trial. The district court found that Duspiva’s conduct violated the ICPA and granted judgment in favor of the Fi... More...   $0 (01-23-2013 - ID)

CDA Dairy Queen, Inc. v. State Insurance Fund

CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF’s motion for summary judgment, finding that the Idaho Legislatureâ€... More...   $0 (01-23-2013 - ID)

 
 
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