Justia Idaho Supreme Court Opinion Summaries

Kilo Le Veque appealed district court decisions to revoke his probation and subsequently relinquish jurisdiction. Le Veque argued the district court abused its discretion in these decisions by refusing to consider the propriety of the terms of his probation at the revocation hearing and by relinquishing jurisdiction solely because Le Veque had not obtained a polygraph examination that the district court desired. The Court of Appeals affirmed the district court’s order revoking probation and reversed the district court’s order relinquishing jurisdiction. The Idaho Supreme Court granted the State’s petition for review and: (1) affirmed the district court’s decision revoking Le Veque’s probation; (2) reversed the district court’s decision relinquishing jurisdiction; and (3) remanded the case for further proceedings before a new district court judge. View "Idaho v. Le Veque" on Justia Law

St. Luke’s Magic Valley Regional Medical Center appealed a jury verdict awarding Rodney and Joyce Herrett $3,775,864.21 in a medical malpractice action wherein St. Luke’s admitted liability. On appeal, St. Luke’s argued that the district court erred by denying its motion for mistrial, admitting certain expert testimony, and improperly instructing the jury as to recklessness. Finding no reversible error, the Idaho Supreme Court affirmed. View "Herrett v. St. Luke's Magic Valley RMC" on Justia Law

The humans in the events giving rise to this lawsuit were related by blood or marriage: Stephen Boswell was married to Karena Boswell; Karena is Mary Steele’s daughter; Amber was Mary Steele’s granddaughter and owned a Scottish terrier named Zoey. Amber and Zoey lived in Mary’s home. Stephen and Karena Boswell appealed a judgment entered in favor of Amber Steele and the Estate of Mary Steele. The Boswells sought to recover damages for injuries suffered by Stephen after he was bitten by Zoey. Before the case was submitted to the jury, the district court ruled that all of the Boswells’ claims sounded in negligence and so instructed the jury, rejecting the Boswells’ proposed jury instructions on common law and statutory strict liability. The jury found that the Steeles were not negligent and the district court entered judgment consistent with that verdict. The Idaho Supreme Court found that the Boswells were entitled to have the jury instructed on theories other than negligence. The instructions given by the trial court did not accurately convey the elements of a common law dog bite case in Idaho, nor did they contemplate a cause of action arising from the Pocatello Municipal Code. As such, the Supreme Court vacated the judgment and remanded for a new trial. View "Boswell v. Steele" on Justia Law

This litigation followed an earlier dispute between Val Westover and Jase Cundick, the Franklin County Assessor. That dispute came before the Idaho Supreme Court, where Westover advanced claims for slander of title and intentional interference with existing or potential economic relations and sought writs of mandate and prohibition. After Westover voluntarily dismissed the slander of title and tortious interference claims, the district court denied his requests for extraordinary writs and dismissed the action. Westover appealed, and the Supreme Court affirmed. Westover then brought this action, seeking a declaration that the existence of the Idaho Counties Risk Management Program (ICRMP) violated Idaho law. Westover appealed the district court’s grant of summary judgment in favor of ICRMP. The district court held that Westover did not have standing to pursue his claim. Finding no reversible error, the Supreme Court again affirmed the judgment of the district court. View "Westover v. Idaho Counties Risk Mgmt Program" on Justia Law

This appeal concerned the guardianship of a ten-year-old child, Jane Doe II (“Jane”), whose parents passed away in 2017. A family friend petitioned for guardianship; Jane's aunt (twin sister of her mother) also petitioned for guardianship. A guardian ad litem recommended the friend be awarded temporary guardianship for Jane to finish the school year, then the aunt be permanent guardian. The friend appealed. The final decree appointing Aunt as Jane’s permanent guardian was vacated by the Idaho Supreme Court, which remanded the case for the magistrate court to conduct a hearing to determine whether Jane possessed sufficient maturity to direct her own attorney prior to a new trial. View "Western Community Ins v. Burks Tractor" on Justia Law

The issue this case presented for the Idaho Supreme Court's review centered on the guardianship of a ten-year-old child, Jane Doe II (“Jane”). Both of Jane’s parents passed away in 2017. Thereafter, a family friend with whom Jane and her mother had been living, (“Friend”), petitioned for guardianship. Jane’s father’s twin sister (“Aunt”) also petitioned for guardianship. During proceedings the magistrate court appointed a local attorney, Auriana Clapp-Younggren, to serve as both the attorney and the guardian ad litem for Jane. After trial, the magistrate court followed Clapp-Younggren’s recommendation and awarded temporary guardianship to Friend so that Jane could finish the school year, but appointed Aunt as Jane’s permanent guardian. Friend appealed the magistrate court decision. The Supreme Court determined the magistrate court abused its discretion by failing to conduct a reasonable inquiry into whether Jane possessed sufficient maturity to direct her own attorney. Here, the magistrate court checked two boxes on the form order appointing Clapp- Younggren: one box appointed her as the attorney for Jane and the other appointed her as Jane’s guardian ad litem. Friend later filed a motion for the magistrate court to appoint an attorney for Jane under Idaho Code section 15-5-207(7). This motion was accompanied by an affidavit of a psychotherapist who testified that Jane possessed sufficient maturity to direct her own attorney. However, the judge denied the motion simply stating “I’m denying the motion. Ms. Clapp-Younggren is going to represent [Jane’s] interests in the case.” The magistrate court judge gave no explanation for why he was denying the request. The record also reflects that the magistrate court made no effort to determine Jane’s maturity level. The final decree appointing Aunt as Jane’s permanent guardian is vacated and the case is remanded so that the magistrate court can conduct a hearing to determine whether Jane possesses sufficient maturity to direct her own attorney prior to the new trial. View "In the Interest of Jane Doe II (under 18 years)" on Justia Law

The State appealed the dismissal of a charge against defendant Laura Akins for her failure to notify of a death pursuant to Idaho Code section 19-4301A. In November 2015, Kimberly Vezina’s body was found wrapped in a tarp and a shower curtain in Lake Coeur d’Alene. Law enforcement’s investigation revealed that Laura Akins was suspected of disposing the body after Vezina died of a drug overdose. The statute imposes a duty on persons who find or have custody of a body to promptly notify authorities. It also prescribes the punishment for failure to comply with that duty, including felony punishment for failing to notify with intent to prevent discovery of the manner of death. The issue this case presented for the Idaho Supreme Court’s review was whether defendant’s prosecution under this statute would violate her Fifth Amendment privilege against self-incrimination. The Supreme Court hold that it would, based on the unique set of facts of this case and affirmed the district court’s decision to dismiss the charge. View "Idaho v. Akins" on Justia Law

Shane Kraly was convicted by jury on various charges, including injury to a child. Kraly argued the jury verdict as to the injury to child charge was not supported by sufficient evidence to conclude that he assumed care or custody of the minor child, M.M. M.M. met Kraly on social media through a mutual friend. When they met in person, Kraly showed M.M. how to use methamphetamine. After review of the district court judgment, the Idaho Supreme Court vacated the judgment of conviction and remanded with instructions for the entry of a judgment of acquittal as to the injury to child charge. However, Kraly’s other convictions remain. On a day M.M. did not show up for school, the school called her father, and her father called M.M.’s juvenile probation officer. Using M.M.’s ankle monitor’s GPS coordinates, law enforcement tracked M.M. to the casino parking lot and discovered Kraly and M.M. sitting in his truck. Kraly was later arrested and charged with rape, injury to child, possession of methamphetamine, and possession of drug paraphernalia. After trial, a jury found Kraly guilty on all counts. The pertinent part to “injury to child” was that the actor had to willfully cause a child to suffer, having the care or custody of any child. Under this standard Kraly argued he did not have “care or custody” of M.M. during the hours he spent with her and his conviction of injury to child had to be vacated. The Idaho Supreme Court agreed and reversed conviction as to that charge. The Supreme Court affirmed in all other respects. View "Idaho v. Kraly" on Justia Law

Michael Johnson suffered injuries after he slipped and fell on a liquid while walking in the housewares department of a Wal-Mart store. Johnson knew neither the source of the substance, nor how long it had been on the floor. Additionally, none of Wal-Mart’s surveillance cameras captured the initial spill or Johnson’s fall. Johnson filed a complaint alleging Wal-Mart, which has issued an internal statement to its employees that spills are largely responsible for slip/trip/fall accidents in its stores, was negligent for failing to warn him of the potential for spills. Johnson claims that the store’s business practice of allowing patrons to carry liquids throughout the store should have put Wal-Mart on notice that spills were foreseeable anywhere. Wal-Mart filed a motion for summary judgment based on its lack of actual or constructive notice of the spill. The district court granted summary judgment in favor of Wal-Mart. The Idaho Supreme Court affirmed, finding the district court did not err in granting summary judgment for Wal-Mart since no evidence demonstrated a genuine issue of material fact regarding Wal-Mart’s liability for Johnson’s fall. View "Johnson v. Wal-Mart" on Justia Law

Elfego Marquez illegally immigrated from Mexico to the United States. After entering the United States, Marquez went to southern California, where he purchased a social security card and used it to obtain employment washing dishes at a restaurant. After working in California for approximately seven months, Marquez moved to Emmett, Idaho and soon after began working at Pierce Painting. Marquez’s primary job at Pierce Painting was to prepare buildings to be painted. Pierce Painting knew Marquez was an undocumented immigrant and that his social security card was not legally issued to him. Not long after beginning at Pierce Painting, a supervisor received a notice of garnishment associated with the social security number used by Marquez. Evidently, the individual to whom the social security number had been legally issued had an outstanding child support delinquency. The supervisor instructed Marquez to obtain a different social security card. In 2010, Marquez was standing on two five gallon buckets stacked on top of each other to reach an area above a tall doorway when he fell onto a concrete floor fracturing his right wrist and injuring his right arm and shoulder. His right wrist was put into a cast and he eventually underwent multiple right shoulder surgeries. His doctor recommended permanent restrictions on overhead activities and that Marquez not return to his position at Pierce Painting. Marquez subsequently filed a workers’ compensation complaint. Pierce Painting through its surety, the State Insurance Fund (“SIF”), paid Marquez’s medical bills, total temporary disability benefits, and permanent partial impairment benefits. SIF did not pay Marquez’s permanent disability benefits, claiming that Marquez was not eligible for permanent disability due to his status as an undocumented immigrant. The Industrial Commission (the “Commission”) disagreed and ordered that Marquez was entitled to pursue a claim for permanent disability without reference to his status as an undocumented immigrant. Pierce Painting and SIF appealed the Commission's order. The Idaho Supreme Court found the Commission erred in finding Marquez could pursue a permanent disability claim without reference to his status as an undocumented immigrant. The governing statute stated: “A person, including a minor, whether lawfully or unlawfully employed . . .” shall constitute an employee who is entitled to coverage and benefits under the Act. "If the Idaho Legislature desired to create an absolute bar for permanent disability for those 'unlawfully employed' within the Act, it was free to do so when it amended the Act and removed the agricultural pursuits exemption in 1996 or thereafter. Moreover, if the Legislature wanted to prohibit undocumented immigrants from receiving a benefit under the workers’ compensation statutes, it could have created an express prohibition in that regard—just like it did regarding unemployment benefits." View "Marquez v. Pierce Painting" on Justia Law