burden of establishing error in Idaho

24 Idaho opinions name it 2 courts 1924–2024 7 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 (9)

Case	Followed	Cited
McCoy v. Stategreen idaho · 1996 · cited in 4 Idaho opinions naming this issue, 2014–2018 2 sentences 2018Fields v. State, 151 Idaho 18, 24 , 253 P.3d 692, 698 (2011); McCoy v. State, 129 Idaho 70, 72-73 , 921 P.2d 1194, 1196-97 (1996). 2018Fields v. State, 151 Idaho 18, 24 , 253 P.3d 692, 698 (2011); McCoy v. State, 129 Idaho 70, 72-73 , 921 P.2d 1194, 1196-97 (1996).	4	4
State v. Garciagreen idaho · 2020 · cited in 3 Idaho opinions naming this issue, 2024–2024 2 sentences 2024State v. Garcia, 166 Idaho 661, 673 , 462 P.3d 1125, 1137 (2020) (quoting Perry, 150 Idaho at 222 , 245 P.3d at 974 ). 2024State v. Garcia, 166 Idaho 661, 673 , 462 P.3d 1125, 1137 (2020) (quoting Perry, 150 Idaho at 222 , 245 P.3d at 974 ).	3	3
Fields v. Stategreen idaho · 2011 · cited in 3 Idaho opinions naming this issue, 2017–2018 2 sentences 2018Fields v. State, 151 Idaho 18, 24 , 253 P.3d 692, 698 (2011); McCoy v. State, 129 Idaho 70, 72-73 , 921 P.2d 1194, 1196-97 (1996). 2018Fields v. State, 151 Idaho 18, 24 , 253 P.3d 692, 698 (2011); McCoy v. State, 129 Idaho 70, 72-73 , 921 P.2d 1194, 1196-97 (1996).	3	3
Quinlan v. Idaho Commission for Pardons & Parolegreen idaho · 2003 · cited in 2 Idaho opinions naming this issue, 2024–2024 2 sentences 2024Quinlan v. Idaho Comm'n for Pardons & Parole, 138 Idaho 726, 729 , 69 P.3d 146, 149 (2003). 2024Quinlan v. Idaho Comm'n for Pardons & Parole, 138 Idaho 726, 729 , 69 P.3d 146, 149 (2003).	2	2
Hoots v. Cravengreen idahoctapp · 2008 · cited in 2 Idaho opinions naming this issue, 2014–2023 2 sentences 2023Hoots v. Craven, 146 Idaho 271, 274 , 192 P.3d 1095, 1098 (Ct. App. 2008). 2023Hoots v. Craven, 146 Idaho 271, 274 , 192 P.3d 1095, 1098 (Ct. App. 2008).	2	2
State v. Charboneaugreen idaho · 1989 · cited in 1 Idaho opinions naming this issue, 2024–2024 2 sentences 2024While we recognize that this Court has stated that “the Idaho State Constitution potentially can be read to afford a broader right to effective counsel than does the federal Constitution[,]” 7 State v. Charboneau, 116 Idaho 129, 137 , 774 P.2d 299, 307 (1989) (quotes and citation omitted), this Court has never varied from equating the rights preserved under the Idaho Constitution with the rights guaranteed under the Sixth Amendment. 2024While we recognize that this Court has stated that “the Idaho State Constitution potentially can be read to afford a broader right to effective counsel than does the federal Constitution[,]” 7 State v. Charboneau, 116 Idaho 129, 137 , 774 P.2d 299, 307 (1989) (quotes and citation omitted), this Court has never varied from equating the rights preserved under the Idaho Constitution with the rights guaranteed under the Sixth Amendment.	1	1
Olson v. Montoyagreen idahoctapp · 2009 · cited in 1 Idaho opinions naming this issue, 2011–2011 2 sentences 2011Olson v. Montoya, 147 Idaho 833, 837 , 215 P.3d 553, 557 (Ct.App.2009). 2011Olson v. Montoya, 147 Idaho 833, 837 , 215 P.3d 553, 557 (Ct.App.2009).	1	1
State v. Wolfegreen idaho · 1978 · cited in 1 Idaho opinions naming this issue, 1979–1979 2 sentences 1979State v. Wolfe, 99 Idaho 382, 390 , 582 P.2d 728, 736 (1978). 1979State v. Wolfe, 99 Idaho 382, 390 , 582 P.2d 728, 736 (1978).	1	1
Baldwin v. Mittrygreen · 1940 · cited in 1 Idaho opinions naming this issue, 1964–1964 2 sentences 1964As stated in Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752, 757 , 87 P.2d 451 : "In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: "`It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party alleging it.'" In Baldwin v. Mittry, 61 Idaho 427, 429, 435 , 102 P.2d 643 , this court stated: "* * * The rule would seem to be that error is never presumed on appeal, and since the appellate court need not search the record for possible errors the burden of showing it is on the party asserting it, o 1964As stated in Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752, 757 , 87 P.2d 451 : "In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: "`It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party alleging it.'" In Baldwin v. Mittry, 61 Idaho 427, 429, 435 , 102 P.2d 643 , this court stated: "* * * The rule would seem to be that error is never presumed on appeal, and since the appellate court need not search the record for possible errors the burden of showing it is on the party asserting it, o	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
Judy v. Reilly Atkinson Co., Inc. neutral idaho · 1939 2 sentences 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a	4	1940–1965
State v. Perry green idaho · 2010 2 sentences 2024State v. Garcia, 166 Idaho 661, 673 , 462 P.3d 1125, 1137 (2020) (quoting Perry, 150 Idaho at 222 , 245 P.3d at 974 ). 2024State v. Garcia, 166 Idaho 661, 673 , 462 P.3d 1125, 1137 (2020) (quoting Perry, 150 Idaho at 222 , 245 P.3d at 974 ).	3	2024–2024
Hill v. Porter neutral idaho · 1924 2 sentences 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a	3	1939–1965
Hernandez v. State neutral idaho · 1979 2 sentences 2003Hernandez v. State, 100 Idaho 581 , 602 P.2d 539 (1979). 2003Hernandez v. State, 100 Idaho 581 , 602 P.2d 539 (1979).	2	1992–2003
Donahoe v. Herrick neutral idaho · 1927 2 sentences 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a 1965It is not what evidence tends to support appellant, or negative that favorable to respondents, but it is what evidence tends to support respondents, with all reasonable inferences and intendments to be drawn in favor of respondents, which controls the determination of the controversy in this Court.” In Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752 , 87 P.2d 451 , it is stated: “In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: “ ‘It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party a	2	1939–1965
State v. Snoderly green · 1940 2 sentences 1946Judy v. Reilly Atkinson & Co., Inc., 59 Ida. 752, 757 , 87 P. (2d) 451 ; State v. Snoderly, 61 Ida. 314, 319 , 101 P. (2d) 9 .” O’Connor v. Meyer, 66 Ida. 15 , 154 P. (2d) 175 at 177. 1940Moreover, error is never presumed on appeal, and the burden of establishing error is upon the party alleging it (Judy v. Reilly Atkinson & Co., Inc., 59 Ida. 752, 757 , 87 Pac. (2d) 451 , State v. Snoderly, ante, p. 314, 101 Pac. (2d) 9 ).	2	1940–1946
Brennan v. State green idahoctapp · 1992 2 sentences 2008Id. at 914 , 841 P.2d at 444 . 2008Id. at 914 , 841 P.2d at 444 .	1	2008–2008
Clear v. Marvin green idaho · 1963 2 sentences 1964As stated in Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752, 757 , 87 P.2d 451 : "In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: "`It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party alleging it.'" In Baldwin v. Mittry, 61 Idaho 427, 429, 435 , 102 P.2d 643 , this court stated: "* * * The rule would seem to be that error is never presumed on appeal, and since the appellate court need not search the record for possible errors the burden of showing it is on the party asserting it, o 1964As stated in Judy v. Reilly Atkinson & Co., Inc., 59 Idaho 752, 757 , 87 P.2d 451 : "In Hill v. Porter, 38 Idaho 574 , 223 P. 538 , sec. 4 of the syllabus is as follows: "`It is presumed that the decree of a district court is regular and valid, and the burden of establishing error is on the party alleging it.'" In Baldwin v. Mittry, 61 Idaho 427, 429, 435 , 102 P.2d 643 , this court stated: "* * * The rule would seem to be that error is never presumed on appeal, and since the appellate court need not search the record for possible errors the burden of showing it is on the party asserting it, o	1	1964–1964
O'Connor v. Meyer neutral · 1944 1 sentence 1946Judy v. Reilly Atkinson & Co., Inc., 59 Ida. 752, 757 , 87 P. (2d) 451 ; State v. Snoderly, 61 Ida. 314, 319 , 101 P. (2d) 9 .” O’Connor v. Meyer, 66 Ida. 15 , 154 P. (2d) 175 at 177.	1	1946–1946
State v. Webb green idaho · 1899 2 sentences 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 . 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 .	1	1938–1938
State v. Rice green · 1901 2 sentences 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 . 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 .	1	1938–1938
State v. Brassfield green · 1925 2 sentences 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 . 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 .	1	1938–1938
State v. Bogris green idaho · 1914 2 sentences 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 . 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 .	1	1938–1938
State v. Ward neutral idaho · 1918 2 sentences 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 . 1938(State v. Webb, 6 Ida. 428 , 55 Pac. 892 ; State v. Rice, 7 Ida. 762, 775 , 66 Pac. 87 ; State v. Bogris, 26 Ida. 587 , 144 Pac. 789 ; State v. Ward, 31 Ida. 419, 421 , 173 Pac. 497 .) Appellants further contend there is no evidence that the crime of burglary was, in fact, committed, in that, it is claimed, there is no evidence the defendants, or either of them, actually entered the Robbins barn and took the personal property in question, and the proof of the corpus delicti must exclude all uncertainty, citing State v. Sullivan, supra, and State v. Brassfield, 40 Ida. 203, 214 , 232 Pac. 1 .	1	1938–1938
Watt v. Decker neutral idaho · 1909 2 sentences 1924(Watt v. Decker, 16 Ida. 184 , 101 Pac. 253 .) A mere statement that the trial court erred without pointing out specifically where the court erred cannot be considered. 1924(Watt v. Decker, 16 Ida. 184 , 101 Pac. 253 .) A mere statement that the trial court erred without pointing out specifically where the court erred cannot be considered.	1	1924–1924

Statutes the citing opinions construe

ID § Idaho Code § 19-4208 (5) ID § Idaho Code § 19-4904 (5) ID § Idaho Code § 19-4201 (4) ID § Idaho Code § 19-4209 (4) ID § Idaho Code § 19-4902 (4) ID § Idaho Code § 18-211 (3) ID § Idaho Code § 19-4203 (3) ID § Idaho Code § 19-4901 (3) ID § Idaho Code § 19-4903 (3) ID § Idaho Code § 19-4906 (3) ID § Idaho Code § 19-4907 (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

CA 195 (1918–2026) TX 93 (1906–2026) MT 83 (1998–2025) IL 81 (1904–2026) NY 80 (1888–2025) PA 54 (1924–2024) OH 53 (1977–2026) LA 42 (1933–2024) MI 41 (1934–2022) CO 39 (1975–2026) WA 39 (1912–2020) GA 35 (1923–2023) NJ 30 (1939–2026) AZ 28 (1971–2025) ID 24 (1924–2024) IN 24 (1913–2025) CT 21 (1912–2021) NM 20 (1969–2025) IA 20 (1879–2023) MN 20 (1904–2025) MO 18 (1891–2021) SC 17 (1962–2026) OR 15 (1984–2025) MS 15 (1962–2017) VA 15 (1944–2022) WV 15 (1962–2026) KS 14 (1898–2026) TN 13 (1996–2025) MD 13 (1916–2026) FL 12 (1962–2024) AL 10 (1980–2005) ND 9 (1927–2024) AR 8 (1988–2012) NC 7 (1957–2020) WY 7 (1981–2026) MA 7 (1980–2012) WI 7 (2001–2026) SD 6 (1963–2015) HI 5 (1980–2023) DE 5 (1970–2025) VT 5 (1946–1982) OK 4 (1950–1976) NV 4 (1973–2018) KY 4 (1923–2016) NE 3 (1987–2004) AK 3 (1978–1994) UT 2 (1941–2017) DC 2 (1972–2001) NH 2 (1982–1983)

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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