Justia Idaho Supreme Court Opinion Summaries

Ida Perez Vasquez appealed her conviction on one count of intimidating a witness, in violation of Idaho Code section 18-2604(3). Vasquez argued that she was deprived of her state and federal constitutional right to a jury trial because, although her counsel waived her right to a jury trial, Vasquez never personally waived such right, either orally or in writing. Vasquez subsequently appealed and this case was originally heard and decided by the Court of Appeals; however, the Idaho Supreme Court granted the State of Idaho’s petition for review. Under fundamental error analysis, a criminal defendant’s waiver of the right to jury trial must be made by the defendant orally or in writing. The Supreme Court found Vasquez’s failure to personally waive her right to a jury trial was a clear violation of her constitutional rights. The Supreme Court vacated Vasquez’s conviction and remanded this case to the district court. View "Idaho v. Vasquez" on Justia Law

Dennis and Wanda Irish appealed a district court order granting a directed verdict in favor of Jeffrey and Dona Hall. The Irishes brought a defamation action against the Halls after the Halls changed their home wireless internet designation to read, “[D]ennis & [W]anda Irish stocking u2.” The complaint requested an injunction, damages, attorney fees and costs. This followed an acrimonious history between the parties stemming from Wanda Irish’s role as the mayor of the city of Harrison. The district court granted the Halls’ motion for a directed verdict, concluding the statement conveyed via the wireless designation was an opinion, and as such was protected under the First Amendment. The Irishes appealed the district court’s order, and the Halls cross-appealed, challenging the district court’s denial of attorney fees. The Idaho Supreme Court determined the district court erred in granting the Halls’ motion for a directed verdict, finding the phrase “[D]ennis & [W]anda Irish stocking u2” was not a statement of opinion, political criticism, or hyperbole. The Court vacated the directed verdict, affirmed the denial of attorney fees, and remanded for further proceedings. View "Irish v. Hall" on Justia Law

The City of Idaho Falls (“Idaho Falls”) appealed an order dismissing its breach of contract and waste claims against H-K Contractors, Inc. (“H-K”). In 2005, H-K entered into a written contract requiring it to convey a parcel of property to Idaho Falls. The contract required that H-K initially grant Idaho Falls a storm drainage easement “over and across” the parcel. H-K was also required to convey fee title to the parcel at a future date, in no event later than March 1, 2010. H-K failed to convey the property to Idaho Falls as required. In 2016, Idaho Falls sent a letter to H-K requesting conveyance of title. H-K responded by refusing to convey title to the property, claiming that in 2009 a city official had orally informed H-K that Idaho Falls was no longer interested in the property. Based on that alleged representation, H-K decided to invest in the property to make it profitable. Idaho Falls filed a complaint against H-K for breach of contract and waste. H-K moved to dismiss the complaint based on the limitation found in Idaho Code section 5-216, alleging Idaho Falls’ claims were time barred because they were not brought within the five-year statute of limitations governing contract actions. Idaho Falls countered that the statute of limitations did not apply to it as a subdivision of the State of Idaho. On January 3, 2017, the district court dismissed Idaho Falls’ complaint as time barred. Idaho Falls timely appealed, claiming the district court erred in enforcing the five-year limitation set forth in section 5-216. The Idaho Supreme Court vacated the district court's judgment, finding it erred when it determined the term “state” in Idaho Code section 5- 216 did not include Idaho’s municipalities. Because Idaho Falls was the “state,” the district court erred when it found its contract claims against H-K were not “for the benefit of the state.” View "City of Idaho Falls v. H-K Contractors" on Justia Law

L.P. and E.P. were half-siblings who lived with their maternal grandmother until her sudden death. The Department of Health & Welfare filed a petition for custody of the children under the Child Protection Act (CPA) and placed both children in the home of the Does, E.P.’s paternal grandmother and step-grandfather. The Department submitted a permanency plan identifying the goal of termination of parental rights and adoption by relative. Early in 2015, the magistrate court approved the permanency plan. After several months of tension between the Does and L.P., the Department acceded to the Does’ request that L.P. be removed from their home. The Department did not inform the magistrate court of the change in circumstances for several months. Following a trial on issues of neglect, abandonment, and consent, the magistrate entered an order terminating the parental rights to both children. The Department was designated as guardian of both children. The Does moved to intervene in the CPA case. The magistrate judge denied the motion. The court then entered an order prohibiting the Department from removing E.P. from the Does’ home without court approval. In early 2016, the Department filed a report and an expert’s sibling assessment that concluded the children should be placed together because of the strong attachment between them. In September 2016, the Department filed a post-termination permanency plan that requested a change in the permanency goal from adoption by relative to adoption by non-relative. Due to factual deficiencies, the magistrate judge rejected that amended permanency plan. In January 2017, the Department filed a second amended permanency plan that sought to move forward with adoption of both children by L.P.’s non-relative foster parents. After a comprehensive review of the case, the magistrate court rejected the amended permanency plan with regard to E.P. but approved it with regard to L.P., removed the Department as guardian of E.P., and appointed Jane Doe as E.P.’s guardian. The Idaho Supreme Court determined the magistrate court abused its discretion by disregarding the sibling placement priority and the Department’s primary role when considering the permanency plans. Furthermore, the Court determined the magistrate court abused its discretion by preventing the Department from removing E.P. from the Does’ home and terminating the Department's guardianship over E.P. All magistrate court orders with regard to E.P. were vacated, and on remand, this case was ordered to be assigned to a new magistrate judge for further proceedings. View "Dept. of Health & Welfare v. Does I" on Justia Law

Scott and Anne Davison appealed the grant of summary judgment in favor of DeBest Plumbing (DeBest). In 2012, the Davisons hired Gould Custom Builders, Inc. (Gould) to perform an extensive remodel of their vacation home in Idaho. Gould hired DeBest as the plumbing subcontractor. A bathtub installed by DeBest developed a leak that caused significant damage before it was noticed and repaired. The Davisons sought damages based upon the contract between Gould and DeBest and for negligence. The district court granted DeBest’s motion for summary judgment on the contract claims because the Davisons were not in privity of contract with DeBest. Later, the district court granted summary judgment in favor of DeBest on the negligence claim, finding that the Davisons had failed to comply with the requirements of the Notice and Opportunity to Repair Act (NORA), Idaho Code sections 6-2501–2504. On appeal, the Davisons argued they satisfied the requirements of NORA because DeBest received actual notice of the claim and sent a representative to inspect the damage. Finding that the Davidsons satisfied the requirements of NORA when they gave DeBest actual notice, and DeBest had an opportunity to inspect the defect, the Idaho Supreme Court determined the district court erred in granting DeBest's motion for summary judgment on the Davidsons' negligence claim. The Supreme Court reversed as to negligence, but affirmed the district court in all other respects. View "Davison v. DeBest Plumbing" on Justia Law

Budget Truck Sales, LLC, Brek A. Pilling, Brian L. Tibbets, and Mike Tilley (the “Budget Parties”) and Kent Tilley entered into various oral agreements relating to the purchase, repair and sale of large trucks and heavy equipment. Shortly thereafter, the relationship of the parties broke down, leading to the filing of three separate lawsuits. Budget Truck Sales, LLC filed a lawsuit against Tilley, alleging that Tilley owed it money on an open account for loans it had provided to Tilley. Tilley filed a lawsuit against Brek Pilling and Brian Tibbits, alleging they personally owed him for his share of the profits. Trial started for the consolidated cases on December 13, 2016. By the second day of trial, the parties engaged in settlement negotiations to resolve each of the cases. Once a resolution was reached, the parties recited the terms of their agreement on the record in open court. In accordance with the settlement agreement, a loader was delivered to the Budget Truck Sales’ lot. Because the loader’s condition was not as Tilley had allegedly represented, the Budget Parties refused to pay Tilley the $100,000 that was due the following day. Tilley’s attorney advised that if the $100,000 payment was not received the next day a motion to enforce the settlement agreement would be filed, and Tilley would seek an award of attorney fees. Tilley’s counsel was notified the Budget Parties would not honor the agreement because they believed Tilley had misrepresented the condition of the loader, and the Budget Parties relied upon that representation when they agreed to the settlement. The parties appealed enforcement of the settlement agreement; the Budget Parties alleged the settlement agreement was void because it was procured by fraud. The Idaho Supreme Court concluded material questions of fact existed upon which the district court could rely in finding that Tilley committed fraud in the inducement by allegedly representing to the Budget Parties the loader was in “great working condition.” Accordingly, the judgment was vacated and the case was remanded for an evidentiary hearing on the Budget Parties’ claim of fraud in the inducement. If such fraud occurred, the entire settlement was vitiated and the parties are placed back in the position they were in before the case was purportedly settled. View "Budget Truck Sales v. Tilley" on Justia Law

The grant of summary judgment dismissed an action originally brought by Diane Brooks against Wal-Mart Stores, Inc., (“Wal-Mart”) based on injuries Brooks received when she slipped and fell on a puddle of water near a Rug Doctor self-service kiosk (the “kiosk”) inside a store in Boise, Idaho. Brooks based her claims on premises liability and negligent mode of operation, alleging Wal-Mart knew or should have known that water could spill or leak onto the floor near the kiosk. Wal-Mart moved for summary judgment, arguing that Brooks failed to establish Wal-Mart had actual or constructive notice of the condition that caused her injury, because there was no evidence showing where the liquid came from, how long it had been on the floor, or what it was. The district court agreed; the Supreme Court did not. The Supreme Court found material issues of fact existed, thus precluding summary judgment. The case was reversed and remanded for further proceedings. View "Brooks v. Wal-Mart" on Justia Law

Ida Vasquez was convicted by jury of one count of intimidating a witness. Vasquez argued she was deprived of her state and federal constitutional right to a jury trial because, although her counsel waived her right to a jury trial, Vasquez never personally waived such right, either orally or in writing. Vasquez subsequently appealed and this case was originally heard and decided by the Court of Appeals; however, the Idaho Supreme Court granted the State’s petition for review. Under its Court’s fundamental error analysis, the Supreme Court held a criminal defendant’s waiver of the right to jury trial must be made by the defendant orally or in writing. Vasquez’s failure to personally waive her right to jury trial was a clear violation of a constitutional right. The Judgment of Conviction was vacated nunc pro tunc to December 1, 2014. View "Idaho v. Vasquez" on Justia Law

The Idaho Supreme Court reversed the magistrate court in an expedited appeal regarding the termination of John Doe (2017-32)'s parental rights. John Doe is the father of minor children KB and AB (the “Children”). The Children entered the Idaho Department of Health and Welfare’s (“IDHW”) custody in December 2014 after the Twin Falls Police declared them to be in imminent danger. The Children were in their mother’s (“Mother”) care when the police arrested her for possession of a controlled substance. Law enforcement described the condition of Mother’s home at this time as “filthy, cluttered, and containing numerous safety hazards, including raw sewage being present in the basement.” An Idaho Department of Health and Welfare (IDHW) case plan, filed January 2015, included number of enumerated tasks for both Doe and Mother to complete in order for them to reunite with the Children. The case plan sought to provide Doe and Mother a framework to address “stable housing, sanitary living conditions, the need to obtain controlled substance abuse treatment, to remain clean/sober, and [to] stay out of jail.” Mother relapsed within weeks of a December 2016 order and was arrested for felony possession, kicked out of Drug Court, and went to prison. IDHW sought to terminate Doe and Mother’s parental rights. Doe had not completed his required drug treatment regimen by a first trial, he became more actively involved in his treatment plan by the time of a second trial. Doe showed other encouraging signs between the first and second trial as well, including significant progress on his case plan. However, the magistrate court noted that, despite progress, Doe still had not completed his case plan nor reunified with his children in the intervening period between the first and second trial. The court issued a Memorandum Decision granting termination of Doe and Mother’s parental rights on October 2, 2017, and entered a corresponding judgment ten days later on October 12, 2017. Mother did not appeal, but Doe timely filed his notice of appeal. The Supreme Court found the magistrate court’s December 2016 order stating that termination was not in the Children’s best interest was irreconcilable with IDHW’s first official recommendation following that order that termination “remains” in the Children’s best interest. The magistrate court’s October 2017 decision following the second trial highlighted Doe’s failure to reunify with the Children as a substantial factor in his ultimate decision to terminate. The magistrate court’s procedural error in not entering judgment for Doe and dismissing the petition upon finding that termination was not in the Children’s best interest affected Doe’s fundamental rights in this case. View "Dept. of Health & Welfare v. John Doe (2017-32)" on Justia Law

Erick Virgil Hall was convicted of the 2000 first-degree murder, first-degree kidnapping, and rape of Lynn Henneman. Henneman was a flight attendant from New York, laid over in Boise that day. She and the rest of the flight crew arrived in the early afternoon and checked into a hotel near the Boise River. That evening, Henneman went walking on the Greenbelt. After failing to meet the flight crew the next morning as planned, Henneman was reported missing and an extensive search was undertaken. Two weeks later, her body was discovered floating in the Boise River more than a mile downstream from her hotel. No suspect was identified until 2003, when police were investigating the murder of another woman in the Boise foothills. Erick Hall was questioned in connection with that murder and submitted a DNA sample. Hall’s sample matched the DNA on the vaginal swabs collected from Henneman’s body three years earlier. Hall was ultimately sentenced to death for murder and to consecutive, fixed life terms for first-degree kidnapping and rape. Hall petitioned for post-conviction relief, alleging numerous errors at trial. Hall’s petition for post-conviction relief was summarily dismissed. Hall’s direct and post- conviction appeals are consolidated pursuant to Idaho Code section 19-2719(6). The Idaho Supreme Court affirmed the judgments of conviction and the order dismissing the post-conviction petition. View "Idaho v. Hall" on Justia Law