Idaho Case Commentaries

Mandatory Consideration of Mitigating Evidence in Death Penalty Sentencing: STATE v. SIVAK

Date: Jan 28, 1987

Mandatory Consideration of Mitigating Evidence in Death Penalty Sentencing: STATE v. SIVAK Introduction STATE v. SIVAK, 112 Idaho 197 (1987), is a landmark case adjudicated by the Supreme Court of...

Recognition of Tortious Bad Faith Actions in Insurance Settlement Practices: An Analysis of Georgeana E. WHITE v. UNIGARD MUTUAL INSURANCE CO.

Date: Dec 30, 1986

Recognition of Tortious Bad Faith Actions in Insurance Settlement Practices: An Analysis of Georgeana E. WHITE v. UNIGARD MUTUAL INSURANCE CO. Introduction The case of Georgeana E. WHITE v. UNIGARD...

Idaho Supreme Court Sets New Standards for New Trial Motions, Hypnosis Testimony, and Settlement Disclosures in Civil Litigation

Date: Oct 18, 1986

Idaho Supreme Court Sets New Standards for New Trial Motions, Hypnosis Testimony, and Settlement Disclosures in Civil Litigation Introduction The case of Lori Quick et al. v. James R. Crane et al....

Idaho Supreme Court Limits Assault and Battery Exception: Government Liability for Negligent Retention of Employees

Date: Apr 24, 1986

Idaho Supreme Court Limits Assault and Battery Exception: Government Liability for Negligent Retention of Employees Introduction In the landmark case of John Doe and Jane Doe v. Lawrence R. Durtschi...

Comprehensive Commentary on Baruth v. Gardner: Affirmation of Summary Dismissal in Post-Conviction Relief

Date: Apr 19, 1986

Affirmation of Summary Dismissal in Post-Conviction Relief: An Analysis of Baruth v. Gardner Introduction Roger E. Baruth, Petitioner-Appellant, appealed the summary dismissal of his petition for...

Landlord's Consent Insufficient: Idaho Supreme Court Upholds Fourth Amendment Protections in Warrantless Searches

Date: Mar 13, 1986

Landlord's Consent Insufficient: Idaho Supreme Court Upholds Fourth Amendment Protections in Warrantless Searches Introduction In the landmark case State of Idaho v. John L. Johnson, decided on March...

State of Idaho v. William B. Caudill: Establishing Precedents in Joint Trials and Evidentiary Standards

Date: Mar 16, 1985

State of Idaho v. William B. Caudill: Establishing Precedents in Joint Trials and Evidentiary Standards Introduction In the landmark case of State of Idaho v. William B. Caudill, decided on March 15,...

Idaho Supreme Court Establishes Clarification on Option to Purchase Agreements

Date: Sep 20, 1984

Idaho Supreme Court Establishes Clarification on Option to Purchase Agreements Introduction In the landmark case of Or v. Terteling, the Supreme Court of Idaho addressed critical issues surrounding...

Individualized Sentencing and Equal Protection in Lopez v. State of Idaho

Date: May 1, 1984

Individualized Sentencing and Equal Protection in Lopez v. State of Idaho Introduction State of Idaho v. Charles T. Lopez is a pivotal case decided by the Court of Appeals of Idaho on April 30, 1984....

Adoption of Reasonable Care Standard for Landlords: Idaho Supreme Court in Stephens v. Stearns

Date: Mar 9, 1984

Adoption of Reasonable Care Standard for Landlords: Idaho Supreme Court in Stephens v. Stearns Introduction Case: Mildred G. Stephens, Plaintiff-Appellant, Vs. Thornton B. Stearns and Diane C....

Idaho Supreme Court Overrules COX v. STOLWORTHY: Establishing New Standards for Punitive Damages

Date: Jun 16, 1983

Idaho Supreme Court Overrules COX v. STOLWORTHY: Establishing New Standards for Punitive Damages Introduction The case of Kyle Cheney and Georgia Cheney v. Palos Verdes Investment Corporation and...

Idaho Supreme Court Establishes Standards for Judicial Disqualification in Post-Conviction Proceedings

Date: Apr 28, 1983

Idaho Supreme Court Establishes Standards for Judicial Disqualification in Post-Conviction Proceedings Introduction The case of The State of Idaho v. Christopher Bearshield addresses critical issues...

Idaho Supreme Court Affirms Trial Court's Discretion on Attorney Fees in Pre-Effective Date I.R.C.P. 54(e) Actions

Date: Sep 30, 1982

Idaho Supreme Court Affirms Trial Court's Discretion on Attorney Fees in Pre-Effective Date I.R.C.P. 54(e) Actions Introduction In the landmark case of Herbert Anderson and Darlene Anderson v. Eric...

Affirmation of 'Clear Abuse of Discretion' and Reasonableness Standards in Sentencing: STATE of Idaho v. Phillip Toohill

Date: Sep 9, 1982

Affirmation of 'Clear Abuse of Discretion' and Reasonableness Standards in Sentencing: STATE of Idaho v. Phillip Toohill Introduction The case of STATE of Idaho v. Phillip Toohill, adjudicated by the...

Non-Waiver of Lease Termination Rights Upon Acceptance of Delinquent Rent: Riverside Development Co. v. Ritchie & Farnsworth

Date: Sep 1, 1982

Non-Waiver of Lease Termination Rights Upon Acceptance of Delinquent Rent: Riverside Development Company v. Ritchie & Farnsworth Introduction In Riverside Development Company v. Ritchie & Farnsworth,...

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