three-tiered inquiry (Idaho) · Go Syfert
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three-tiered inquiry in Idaho

30 Idaho opinions name it 2 courts 1991–2014 0 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Sivak v. Ada Countygreen
idahoctapp · 1989 · cited in 19 Idaho opinions naming this issue, 1996–2014
2 sentences

2014Brennan, 122 Idaho at 914 , 841 P.2d at 444 ; Sivak v. Ada County, 115 Idaho 762, 763 , 769 P.2d 1134, 1135 (Ct. App. 1989).

2014Brennan, 122 Idaho at 914 , 841 P.2d at 444 ; Sivak v. Ada County, 115 Idaho 762, 763 , 769 P.2d 1134, 1135 (Ct. App. 1989).

1919
Brennan v. Stategreen
idahoctapp · 1992 · cited in 21 Idaho opinions naming this issue, 1996–2014
2 sentences

2004Johnson v. State, 85 Idaho 123, 127 , 376 P.2d 704, 706 (1962); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct.App.1992). *660 When we review an exercise of discretion in a habeas corpus proceeding, we conduct a three-tiered inquiry to determine whether the lower court rightly perceived the issue as one of discretion, acted within the boundaries of such discretion, and reached its decision by an exercise of reason.

2004Johnson v. State, 85 Idaho 123, 127 , 376 P.2d 704, 706 (1962); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct.App.1992). *660 When we review an exercise of discretion in a habeas corpus proceeding, we conduct a three-tiered inquiry to determine whether the lower court rightly perceived the issue as one of discretion, acted within the boundaries of such discretion, and reached its decision by an exercise of reason.

321
State v. Hedgergreen
idaho · 1989 · cited in 3 Idaho opinions naming this issue, 1991–2007
2 sentences

2007As indicated earlier, this Court reviews a judge’s decision regarding the custody of a minor child for an abuse of discretion, which involves a three-tiered inquiry: “(1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the outer boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason.” Chandler v. Chandler, 136 Idaho 246, 249 , 32 P.3d 140, 143 (citing State v. Hedger, 115 Idaho 598, 600 , 768 P.2d 1331, 1333 (1989)

2007As indicated earlier, this Court reviews a judge’s decision regarding the custody of a minor child for an abuse of discretion, which involves a three-tiered inquiry: “(1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the outer boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason.” Chandler v. Chandler, 136 Idaho 246, 249 , 32 P.3d 140, 143 (citing State v. Hedger, 115 Idaho 598, 600 , 768 P.2d 1331, 1333 (1989)

33
Chandler v. Chandlergreen
idaho · 2001 · cited in 3 Idaho opinions naming this issue, 2007–2013
2 sentences

2013Rather, the proper inquiry is whether spousal maintenance is necessary to support the dependent spouse’s “standard of living established during the marriage.” Because of the disparity in income between Pedro and Bertha, and the obvious decrease in Bertha’s standard of living after the divorce, the district court found that the spousal maintenance award was proper. “"Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.” Stewart v. Stewart, 143 Idaho 673, 679 , 152 P.3d 544, 550

2013Rather, the proper inquiry is whether spousal maintenance is necessary to support the dependent spouse’s “standard of living established during the marriage.” Because of the disparity in income between Pedro and Bertha, and the obvious decrease in Bertha’s standard of living after the divorce, the district court found that the spousal maintenance award was proper. “"Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.” Stewart v. Stewart, 143 Idaho 673, 679 , 152 P.3d 544, 550

23
Sun Valley Shopping Center, Inc. v. Idaho Power Co.green
idaho · 1991 · cited in 2 Idaho opinions naming this issue, 1991–2007
2 sentences

2007Review of a lower court’s exercise of discretion is conducted under a three-tiered inquiry: “(1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the outer boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing State v. Hedger, 115 Idaho 598, 600 , 768 P.2d 1331, 1333 (1989)); Sun Valley Shopping Center, Inc. v. Idaho Power Co., 119 Idaho 87, 94 , 803 P.2d 993, 1

2007Review of a lower court’s exercise of discretion is conducted under a three-tiered inquiry: “(1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the outer boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing State v. Hedger, 115 Idaho 598, 600 , 768 P.2d 1331, 1333 (1989)); Sun Valley Shopping Center, Inc. v. Idaho Power Co., 119 Idaho 87, 94 , 803 P.2d 993, 1

22
Johnson v. Stategreen
idaho · 1962 · cited in 2 Idaho opinions naming this issue, 1997–2004
2 sentences

2004Johnson v. State, 85 Idaho 123, 127 , 376 P.2d 704, 706 (1962); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct.App.1992). *660 When we review an exercise of discretion in a habeas corpus proceeding, we conduct a three-tiered inquiry to determine whether the lower court rightly perceived the issue as one of discretion, acted within the boundaries of such discretion, and reached its decision by an exercise of reason.

2004Johnson v. State, 85 Idaho 123, 127 , 376 P.2d 704, 706 (1962); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct.App.1992). *660 When we review an exercise of discretion in a habeas corpus proceeding, we conduct a three-tiered inquiry to determine whether the lower court rightly perceived the issue as one of discretion, acted within the boundaries of such discretion, and reached its decision by an exercise of reason.

22
Stewart v. Stewartgreen
idaho · 2007 · cited in 3 Idaho opinions naming this issue, 2009–2013
2 sentences

2013Rather, the proper inquiry is whether spousal maintenance is necessary to support the dependent spouse’s “standard of living established during the marriage.” Because of the disparity in income between Pedro and Bertha, and the obvious decrease in Bertha’s standard of living after the divorce, the district court found that the spousal maintenance award was proper. “"Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.” Stewart v. Stewart, 143 Idaho 673, 679 , 152 P.3d 544, 550

2013Rather, the proper inquiry is whether spousal maintenance is necessary to support the dependent spouse’s “standard of living established during the marriage.” Because of the disparity in income between Pedro and Bertha, and the obvious decrease in Bertha’s standard of living after the divorce, the district court found that the spousal maintenance award was proper. “"Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.” Stewart v. Stewart, 143 Idaho 673, 679 , 152 P.3d 544, 550

13
Dunagan v. Dunagangreen
idaho · 2009 · cited in 1 Idaho opinions naming this issue, 2013–2013
2 sentences

2013Dunagan, 147 Idaho at 601 , 213 P.3d at 386 (internal citations omitted).

2013Dunagan, 147 Idaho at 601 , 213 P.3d at 386 (internal citations omitted).

11
Gibson v. Bennettgreen
idahoctapp · 2005 · cited in 1 Idaho opinions naming this issue, 2012–2012
2 sentences

2012Quinlan, 138 Idaho at 729 , 69 P.3d at 149 ; Gibson v. Bennett, 141 Idaho 270, 273 , 108 P.3d 417, 420 (Ct. App. 2005); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct. App. 1992).

2012Quinlan, 138 Idaho at 729 , 69 P.3d at 149 ; Gibson v. Bennett, 141 Idaho 270, 273 , 108 P.3d 417, 420 (Ct. App. 2005); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct. App. 1992).

11
Mulch v. Mulchgreen
idaho · 1994 · cited in 1 Idaho opinions naming this issue, 2007–2007
2 sentences

2007Regarding spousal maintenance, this Court reviews the trial court’s findings “that are the basis for the court's decision as to the duration and the amount of spousal maintenance to determine whether there exists substantial and competent evidence in support of these findings.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing Wilson v. Wilson, 131 Idaho 533, 535 , 960 P.2d 1262, 1264 (1998); Mulch v. Mulch, 125 Idaho 93, 98 , 867 P.2d 967, 972 (1994)).

2007Regarding spousal maintenance, this Court reviews the trial court’s findings “that are the basis for the court's decision as to the duration and the amount of spousal maintenance to determine whether there exists substantial and competent evidence in support of these findings.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing Wilson v. Wilson, 131 Idaho 533, 535 , 960 P.2d 1262, 1264 (1998); Mulch v. Mulch, 125 Idaho 93, 98 , 867 P.2d 967, 972 (1994)).

11
Wilson v. Wilsongreen
idaho · 1998 · cited in 1 Idaho opinions naming this issue, 2007–2007
2 sentences

2007Regarding spousal maintenance, this Court reviews the trial court’s findings “that are the basis for the court's decision as to the duration and the amount of spousal maintenance to determine whether there exists substantial and competent evidence in support of these findings.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing Wilson v. Wilson, 131 Idaho 533, 535 , 960 P.2d 1262, 1264 (1998); Mulch v. Mulch, 125 Idaho 93, 98 , 867 P.2d 967, 972 (1994)).

2007Regarding spousal maintenance, this Court reviews the trial court’s findings “that are the basis for the court's decision as to the duration and the amount of spousal maintenance to determine whether there exists substantial and competent evidence in support of these findings.” Chandler, 136 Idaho at 249 , 32 P.3d at 143 (citing Wilson v. Wilson, 131 Idaho 533, 535 , 960 P.2d 1262, 1264 (1998); Mulch v. Mulch, 125 Idaho 93, 98 , 867 P.2d 967, 972 (1994)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Quinlan v. Idaho Commission for Pardons & Parole green
idaho · 2003
2 sentences

2012Quinlan, 138 Idaho at 729 , 69 P.3d at 149 ; Gibson v. Bennett, 141 Idaho 270, 273 , 108 P.3d 417, 420 (Ct. App. 2005); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct. App. 1992).

2012Quinlan, 138 Idaho at 729 , 69 P.3d at 149 ; Gibson v. Bennett, 141 Idaho 270, 273 , 108 P.3d 417, 420 (Ct. App. 2005); Brennan v. State, 122 Idaho 911, 914 , 841 P.2d 441, 444 (Ct. App. 1992).

12012–2012
Hoots v. Craven green
idahoctapp · 2008
2 sentences

2011Hoots, 146 Idaho at 274 , 192 P.3d at 1098 .

2011Hoots, 146 Idaho at 274 , 192 P.3d at 1098 .

12011–2011
Weaver v. Millard green
idahoctapp · 1991
2 sentences

1996Id. at 697 , 819 P.2d at 115 .

1996Id. at 697 , 819 P.2d at 115 .

11996–1996

Statutes the citing opinions construe

ID § Idaho Code § 19-4203 (15) ID § Idaho Code § 19-4201 (7) ID § Idaho Code § 12-121 (6) ID § Idaho Code § 20-223 (6) ID § Idaho Code § 19-4209 (5) ID § Idaho Code § 19-4901 (4) ID § Idaho Code § 19-1201 (3) ID § Idaho Code § 19-1301 (3) ID § Idaho Code § 19-2513 (3) ID § Idaho Code § 19-4205 (3) ID § Idaho Code § 19-4208 (3) ID § Idaho Code § 19-901 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 270 (1999–2026) ID 30 (1991–2014) NM 21 (1986–2025) LA 12 (1984–2013) NY 7 (1990–2006) AL 6 (1984–1989) IN 4 (1998–2025) IL 4 (1987–2023) UT 4 (1993–2011) PA 4 (1981–2011) CO 4 (1986–1992) OK 3 (1997–2005) NC 3 (1984–2015) NJ 3 (1986–2002) MT 3 (1986–1988) MN 2 (1988–2017) HI 2 (1992–1994) MA 2 (2007–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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