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19 Idaho opinions name it 2 courts 1980–2025 6 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.
| Case | Followed | Cited |
|---|---|---|
State v. Rossgreen2 sentences2006See State v. Ross, 129 Idaho 380, 381 , 924 P.2d 1224, 1225 (1996); State v. Jordan, 122 Idaho 771 , 772 n. 2, 839 P.2d 38 , 39 n. 2 (Ct.App.1992). 3 . 2006See State v. Ross, 129 Idaho 380, 381 , 924 P.2d 1224, 1225 (1996); State v. Jordan, 122 Idaho 771 , 772 n. 2, 839 P.2d 38 , 39 n. 2 (Ct.App.1992). 3 . | 4 | 4 |
State v. Thompsongreen2 sentences2023As Hall points out in his reply brief, it is well-established “that in interpreting provisions of our constitution that are similar to those of the federal constitution[, this Court is] free to extend protections under our constitution beyond those granted by the United States Supreme Court under the federal constitution.” State v. Thompson, 114 Idaho 746, 748 , 760 P.2d 1162, 1164 (1988). 2023As Hall points out in his reply brief, it is well-established “that in interpreting provisions of our constitution that are similar to those of the federal constitution[, this Court is] free to extend protections under our constitution beyond those granted by the United States Supreme Court under the federal constitution.” State v. Thompson, 114 Idaho 746, 748 , 760 P.2d 1162, 1164 (1988). | 3 | 3 |
State v. Davisgreen2 sentences2025See State v. Davis, 141 Idaho 828, 836 , 118 P.3d 160, 168 (Ct. App. 2005). 2025See State v. Davis, 141 Idaho 828, 836 , 118 P.3d 160, 168 (Ct. App. 2005). | 2 | 2 |
State v. Bakkegreen1 sentence2015Id. at 302-03 ; accord McGurk v. Stenberg, 163 F.3d 470 (8th Cir. 1998) (counsel was deficient in failing to inform defendant of right to jury trial and prejudice was presumed because error was structural); State v. Bakke, 498 N.W.2d 819, 820 (N.D. | 1 | 1 |
Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska Michael Thurber, Superintendent of the Lancaster County Jailgreen1 sentence2015Id. at 302-03 ; accord McGurk v. Stenberg, 163 F.3d 470 (8th Cir. 1998) (counsel was deficient in failing to inform defendant of right to jury trial and prejudice was presumed because error was structural); State v. Bakke, 498 N.W.2d 819, 820 (N.D. | 1 | 1 |
State v. Raudebaughgreen2 sentences2009The State relies on State v. Raudebaugh, in which this Court, pursuant to I.A.R. 35, declined to consider a state constitutional claim because the appellant did not address it until his reply brief. 124 Idaho 758, 763 , 864 P.2d 596, 601 (1993). 2009The State relies on State v. Raudebaugh, in which this Court, pursuant to I.A.R. 35, declined to consider a state constitutional claim because the appellant did not address it until his reply brief. 124 Idaho 758, 763 , 864 P.2d 596, 601 (1993). | 1 | 1 |
State v. Tuckergreen2 sentences1998Aragon v. State, 114 Idaho 758, 761 , 760 P.2d 1174, 1177 (1988) (quoting State v. Tucker, 97 Idaho 4, 12 , 539 P.2d 556, 564 (1975)). 1998Aragon v. State, 114 Idaho 758, 761 , 760 P.2d 1174, 1177 (1988) (quoting State v. Tucker, 97 Idaho 4, 12 , 539 P.2d 556, 564 (1975)). | 1 | 1 |
Aragon v. Stategreen2 sentences1998Aragon v. State, 114 Idaho 758, 761 , 760 P.2d 1174, 1177 (1988) (quoting State v. Tucker, 97 Idaho 4, 12 , 539 P.2d 556, 564 (1975)). 1998Aragon v. State, 114 Idaho 758, 761 , 760 P.2d 1174, 1177 (1988) (quoting State v. Tucker, 97 Idaho 4, 12 , 539 P.2d 556, 564 (1975)). | 1 | 1 |
State v. Wheatongreen2 sentences1993Finally, that practitioner might then look to the Wheaton case for some “some guidance ... on how one might fully develop an independent state constitutional claim.” Wheaton, 121 Idaho at 407 , 825 P.2d at 504 (Bistline, J., specially concurring). 1993Finally, that practitioner might then look to the Wheaton case for some “some guidance ... on how one might fully develop an independent state constitutional claim.” Wheaton, 121 Idaho at 407 , 825 P.2d at 504 (Bistline, J., specially concurring). | 1 | 1 |
State v. Reefer King Co., Inc.green1 sentence1980See also, State v. Reefer King Co., Inc., 559 P.2d 56 (Alaska 1976); Ernest W. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jordan
green
2 sentences2006See State v. Ross, 129 Idaho 380, 381 , 924 P.2d 1224, 1225 (1996); State v. Jordan, 122 Idaho 771 , 772 n. 2, 839 P.2d 38 , 39 n. 2 (Ct.App.1992). 3 . 2006See State v. Ross, 129 Idaho 380, 381 , 924 P.2d 1224, 1225 (1996); State v. Jordan, 122 Idaho 771 , 772 n. 2, 839 P.2d 38 , 39 n. 2 (Ct.App.1992). 3 . | 4 | 2001–2006 |
People v. Ernst
green
2 sentences2017The Supreme Court of California held that these proceedings did not comply with a state constitutional requirement that the waiver of a jury be by the consent of both parties “expressed in open court by the defendant and the defendant’s counsel.” Id. at 300 . 2017The Supreme Court of California held that these proceedings did not comply with a state constitutional requirement that the waiver of a jury be by the consent of both parties “expressed in open court by the defendant and the defendant’s counsel.” Id. at 300 . | 3 | 2015–2017 |
State v. Fleenor
green
2 sentences2025Terry, 392 U.S. at 27 ; Babb, 133 Idaho at 892 , 994 P.2d at 635 ; Fleenor, 133 Idaho at 555 , 989 P.2d at 787 . 2025Terry, 392 U.S. at 27 ; Babb, 133 Idaho at 892 , 994 P.2d at 635 ; Fleenor, 133 Idaho at 555 , 989 P.2d at 787 . | 1 | 2025–2025 |
State v. Babb
green
2 sentences2025Terry, 392 U.S. at 27 ; Babb, 133 Idaho at 892 , 994 P.2d at 635 ; Fleenor, 133 Idaho at 555 , 989 P.2d at 787 . 2025Terry, 392 U.S. at 27 ; Babb, 133 Idaho at 892 , 994 P.2d at 635 ; Fleenor, 133 Idaho at 555 , 989 P.2d at 787 . | 1 | 2025–2025 |
Terry v. Ohio
green
1 sentence2025Terry, 392 U.S. at 27 ; Babb, 133 Idaho at 892 , 994 P.2d at 635 ; Fleenor, 133 Idaho at 555 , 989 P.2d at 787 . | 1 | 2025–2025 |
State v. Smart
green
1 sentence2010The Smart Court concluded that Danforth permits states to apply either the Teague test for full retroactivity or a state constitutional test so long as the state test is at least as comprehensive as the federal test. 202 P.3d at 1136 . | 1 | 2010–2010 |
Segura v. United States
green
2 sentences1993The above cases, along with Justice Stevens’s dissent in Segura v. United States, 468 U.S. at 817-40 , 104 S.Ct. at 3391-3405 , and Professor LaFave’s commentary on Segura in his treatise, 4 W. 1993The above cases, along with Justice Stevens’s dissent in Segura v. United States, 468 U.S. at 817-40 , 104 S.Ct. at 3391-3405 , and Professor LaFave’s commentary on Segura in his treatise, 4 W. | 1 | 1993–1993 |
Illinois v. Gates
green
2 sentences1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. 1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. | 1 | 1992–1992 |
Aguilar v. Texas
red
2 sentences1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. 1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. | 1 | 1992–1992 |
Spinelli v. United States
red
2 sentences1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. 1992NOTES [1] Suggested criteria 7, 8 and 9 are taken from David Schuman, Advocacy of State Constitutional Law Cases: A Report From the Provinces, Emerging Issues in State Constitutional Law, Vol. 2 p. 275, 278-80 (1991). [2] See Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Cases addressing the merits of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) have been selected as examples so to not imply an opinion on any cases which might come before this Court. | 1 | 1992–1992 |
Security Properties v. Arizona Department of Property Valuation
green
1 sentence1980The court held that to characterize the selective assessment procedure as violative of the state constitutional requirement of uniformity of taxation, “it must be clearly shown that assessments which are unequal are the result of systematic and intentional conduct — in the sense that the inequality would thereby be deliberately created.” 537 P.2d at 927 . | 1 | 1980–1980 |
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.
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.