Justia Idaho Supreme Court Opinion Summaries

Shane Lee Dobbs appealed his conviction and the resulting sentence imposed after he pled guilty of lewd conduct with a minor under sixteen. On appeal, Dobbs contended the district court abused its discretion in fashioning a sentence based in part on a desire to “deter[ ] private vengeance” against him. Dobbs also contended his unified sentence of twenty-two years, with ten years fixed, was excessive in light of the mitigating factors. Finding no reversible error or abuse of discretion, the Idaho Supreme Court affirmed Dobbs’ judgment of conviction and sentence. View "Idaho v. Dobbs" on Justia Law

At issue before the Idaho Supreme Court in this case was a suit for medical malpractice brought by Leila Brauner against AHC of Boise, dba Aspen Transitional Rehab (Aspen). The claim arose out of Aspen’s delay in sending Brauner to the hospital following her knee replacement surgery, which was a substantial factor resulting in the amputation of Brauner’s right leg at the mid-thigh. After a trial, the jury entered a verdict in favor of Brauner and awarded her $2,265,204 in damages. Aspen appealed, alleging that various pre-trial and post-trial rulings were made in error and resulted in an unsustainable judgment. After review, the Supreme Court found no reversible error, and affirmed. View "Brauner v. AHC of Boise" on Justia Law

In an expedited appeal to the Idaho Supreme Court, a magistrate court terminated Jane Doe’s (“Mother”) parental rights after finding clear and convincing evidence that Mother neglected her children, K.M. and R.M., and that termination was in the best interests of the children. Mother did not appeal the magistrate’s finding that she neglected her children. She only appealed the magistrate court’s finding that termination was in the best interests of the children. The magistrate court found Mother’s testimony lacked credibility and relied on other witnesses to find that Mother had neglected her children under Idaho Code section 16-2005(1)(b) because Mother had failed to reunify with her children and had failed to comply with her case plan. According to Mother, termination was not in the best interests of her children because Mother had a close bond with her children, K.M. was not responding well to foster care, there was no evidence of violence between Mother and her children, and Mother tried to the best of her ability to comply with her case plan. The Supreme Court found substantial evidence supported the magistrate court's finding that termination was in the children's best interests, and affirmed. View "Idaho Dept. of Health & Welfare v. Jane Doe (2019-27)" on Justia Law

Primera Beef, LLC appealed a district court’s grant of summary judgment in favor of Allan Ward. Primera Beef alleged Ward breached the confidentiality provision of a settlement agreement between him and Primera Beef when Ward’s attorney disclosed the terms of the agreement to a prosecutor in a related criminal action. Ward moved for summary judgment, arguing that he was not liable for his attorney’s actions because his attorney was not acting within the scope of his authority when he disclosed the terms. The district court agreed. The Idaho Supreme Court concurred and affirmed the district court. View "Primera Beef v. Ward" on Justia Law

This appeal stems from a criminal defense attorney’s failure to adequately advise his client about the client’s constitutional rights against self-incrimination during a related civil deposition. Melvin Savage was convicted of first-degree arson and misdemeanor stalking. He filed a petition for post-conviction relief claiming that his trial counsel failed to adequately advise him about his rights under the Fifth Amendment of the U.S. Constitution and Article I Section 13 of the Idaho Constitution during a deposition in the civil case initiated by the victims of the arson. The district court granted the State’s motion for summary dismissal of the post-conviction petition. Savage then filed a pro se motion for relief from judgment under Idaho Rule of Civil Procedure 60(b) which was not considered. Savage then timely appealed the district court’s grant of summary dismissal and its order refusing to consider his Rule 60(b) motion. The Idaho Supreme Court determined the district court erred in summarily dismissing Savage’s petition for post-conviction relief because Savage raised a genuine issue of material fact regarding his counsel’s deficient performance. Therefore, the Court reversed the district court’s decision granting the State’s motion for summary dismissal. View "Savage v. Idaho" on Justia Law

Mother Jane Doe appealed a magistrate court’s s decree terminating her parental rights. Both Mother and her child (Child) tested positive for methamphetamine when he was born. Law enforcement declared that Child was in imminent danger, and the Idaho Department of Health and Welfare (IDHW or Department) assumed temporary custody. A case plan for reunification was adopted, focusing on Mother’s substance abuse and mental health issues, and on obtaining safe and stable housing. Mother made no progress on her case plan, and was subsequently incarcerated. IDHW petitioned to terminate Mother’s paternal rights. After a termination hearing in September 2019, where Mother argued that her recent sobriety and improved lifestyle justified the denial of the Department’s petition, the magistrate court entered a decree terminating Mother’s parental rights based on Mother’s neglect and the best interests of the child. After review, the Idaho Supreme Court found no abuse of discretion, and affirmed the magistrate court’s decree. View "Idaho Dept. of Health & Welfare v. Jane Doe (2019-32)" on Justia Law

ABK, LLC owned and operated a gas station in Post Falls, Idaho where underground storage tanks were damaged due to water infiltration into the gas stored in the tanks. After the damage occurred, ABK submitted a claim to its insurer, Mid-Century Insurance Company. Mid-Century denied the claim. ABK then sued Mid-Century alleging breach of contract and bad faith. Mid-Century moved for summary judgment on both claims. The district court granted summary judgment for Mid-Century on ABK’s breach of contract claim finding ABK failed to raise a genuine dispute as to the fact the underground storage tanks were damaged by water, specifically excluded by the terms of the policy. The district court also granted summary judgment for Mid-Century on ABK’s bad faith claim finding ABK failed to establish coverage. ABK appealed the district court’s grant of summary judgment in favor of Mid-Century on both claims. Finding no reversible error, the Idaho Supreme Court affirmed. View "ABK v. Mid-Century Insurance" on Justia Law

Mother Jane Doe appealed a magistrate court’s termination of her parental rights to her minor son, A.V. The magistrate court concluded that the Department proved by clear and convincing evidence that Mother and John Doe (“Father”) neglected A.V. and that termination was in A.V.’s best interests (Father’s termination was the subject of a separate appeal (Dkt. No. 47200)). A.V. went into foster care in November 2017, when he was approximately two-and-a-half years old. The child was malnourished; health care providers testified the child was four to six months developmentally delayed. November 2017 was his second trip to foster care; social workers found A.V. weighed less than he had in his first trip a year before, "the size and weight of a twelve-month-old." In response to a question about why she thought A.V. was losing weight in the time period before he was placed into care in November of 2017, Mother testified that she was dealing with a very big loss—the death of her mother by suicide—and unfortunately she let it get in the way of her life and the lives of her children. She did not ask for help because she did not want people feeling sorry for her. However, after A.V. was placed in foster care, she realized that all of this could have been avoided if she had just reached out for help. A Department social worker developed a case plan for Mother and Father. Both parents were present at the case plan meeting in which the case plans were designed. The magistrate court determined, however, by clear and convincing evidence the Department had established statutory grounds for termination under Idaho Code section 16-2002(3)(b), neglect through failure to complete a case plan, and under section 16-1602(31), neglect through conduct or omission of the parents. The magistrate court also determined that termination was in A.V.’s best interests. A final judgment and a decree were entered, terminating both Mother’s and Father’s parental relationship with A.V. Mother’s main argument on appeal was that the magistrate court erred in terminating her parental rights because her disabilities prevented her from completing her case plan. Finding no reversible error, the Idaho Supreme Court affirmed the magistrate court’s decree terminating Mother’s parental rights. View "DHW v. Jane Doe" on Justia Law

Father John Doe appealed a magistrate court's judgment granting the Idaho Department of Health and Welfare’s (“the Department”) petition to terminate his parental rights to his son, A.V. The magistrate court concluded the Department proved by clear and convincing evidence that Father and Jane Doe (“Mother”) neglected A.V. and that termination was in A.V.’s best interests (Mother’s termination was the subject of a separate appeal (Dkt. No. 47190)). Father’s main argument on appeal was that the magistrate court erred in terminating his parental rights because it was not in A.V.’s best interests to be separated from his siblings. A.V., the child at issue in this case, went into foster care in November 2017, when he was approximately two-and-a-half years old. The child was malnourished; health care providers testified the child was four to six months developmentally delayed. November 2017 was his second trip to foster care; social workers found A.V. weighed less than he had in his first trip a year before, "the size and weight of a twelve-month-old." Father testified that he was aware that A.V. was malnourished and not developing as he should have been while he was in Father’s care, and that he did not obtain services to help A.V. with walking and talking. However, Father did not realize that A.V. had lost weight when he came back into their care. One Department social worker testified that Father feels that it is his responsibility to work and provide financially for the family, and it is Mother’s responsibility to ensure the children are getting their medical and emotional needs met and to feed and care for them during the day. She further testified that she had talked with Father about his observing A.V. being underweight or not gaining weight, and Father said that he told Mother she needed to take care of it. The Idaho Supreme Court determined the magistrate court did not err in concluding termination was in A.V.'s best interests, even though termination would result in A.V. being separated from his siblings. The Court determined it was not error for the magistrate court finding Father was also responsible for A.V.'s neglect. Accordingly, the magistrate court was affirmed. View "DHW v. John Doe" on Justia Law

Father John Doe appealed a magistrate court's termination of his parental rights to his minor children “B.L.S.” and “A.C.S.” On Christmas Eve, 2017, the Department received a referral when A.C.S. was born prematurely. Mother’s amniotic fluid had ruptured prematurely due to drug use. Tests confirmed that A.C.S. was prenatally exposed to methamphetamine. Shortly after her birth, A.C.S. was life-flighted to Sacred Heart Medical Center in Spokane, Washington for treatment. Mother explained that she and Father had been in an on-and-off relationship for the past 20 years. At the time of the meeting, Mother and Father lived together in a camper on his family’s farm near Kendrick, Idaho. Mother disclosed that she actively used methamphetamine and had used methamphetamine while pregnant with A.C.S. She also explained that she and Father used methamphetamine together in their camper, sometimes with their children present. Mother described frequent incidents of domestic violence that occurred in the home: when the couple fought, it could become violent, where they would yell and throw appliances and other objects at each other. After an adjudicatory hearing where Father and Mother again stipulated to jurisdiction and custody, the Department worked with the parents to develop a case plan. At a review hearing in October 2018, the Department requested an early permanency hearing on the grounds that both parents had made little progress on their case plans. Agreeing that the parents had made very little progress up to that point, the magistrate court moved the permanency hearing up from December 2018, to November 26, 2018. At the permanency hearing, the magistrate court approved a permanency plan that sought termination of parental rights and relative adoption with the foster parents as the primary goal for each child. The Idaho Supreme Court determined Father failed to preserve his argument that Idaho Code section 16-1622(2)(g)(i) caused the magistrate court to violate his right to due process by moving the date of the permanency hearing from December to November. Further, the Supreme Court determined the magistrate court's decision to termination Father's parental rights was supported by substantial, competent evidence. Accordingly, the Supreme Court affirmed the magistrate court’s order terminating Father’s parental rights to B.L.S. and A.C.S. View "DHW v. John Doe" on Justia Law