17 Idaho opinions name it 2 courts 1908–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Parrottgreen2 sentences2019See State v. Parrott, 138 Idaho 40, 42 , 57 P.3d 509, 511 (Ct. App. 2002). 2 The time for filing a motion for a new trial based upon newly discovered evidence may not be extended unless an application for extension of time to file the motion is made within the statutory time limit. 2019See State v. Parrott, 138 Idaho 40, 42 , 57 P.3d 509, 511 (Ct. App. 2002). 2 The time for filing a motion for a new trial based upon newly discovered evidence may not be extended unless an application for extension of time to file the motion is made within the statutory time limit. | 2 | 2 |
People v. Barrazagreen2 sentences1983For the purposes of this test, we presume that such a person would normally resist the temptation to commit a crime presented by the simple opportunity to act unlawfully." People v. Barraza, 23 Cal.3d 675 , 153 Cal. Rptr. 459 , 591 P.2d 947, 954 (1979). 1983For the purposes of this test, we presume that such a person would normally resist the temptation to commit a crime presented by the simple opportunity to act unlawfully." People v. Barraza, 23 Cal.3d 675 , 153 Cal. Rptr. 459 , 591 P.2d 947, 954 (1979). | 2 | 2 |
Magic Valley Radiology, PA v. Kolouchgreen2 sentences2007Same Claim Claim preclusion bars adjudication not only on the matters offered and received to defeat the claim, but also as to “every matter which might and should have been litigated in the first suit.” Magic Valley Radiology, P.A. v. Kolouch, 123 Idaho 434, 437 , 849 P.2d 107, 110 (1993) (internal quotations and citations omitted). 2007Same Claim Claim preclusion bars adjudication not only on the matters offered and received to defeat the claim, but also as to “every matter which might and should have been litigated in the first suit.” Magic Valley Radiology, P.A. v. Kolouch, 123 Idaho 434, 437 , 849 P.2d 107, 110 (1993) (internal quotations and citations omitted). | 1 | 1 |
Chimiente v. Adam Corp.green1 sentence2000In holding that a well-worn path used by some customers to gain access to the property was not a sidewalk for the purposes of this rule, the Chimiente court stated that there was no duty “upon commercial landowners to maintain contiguous lands owned by others simply because the public chooses to use the lands as a means of access to the commercial property.” Id. at 530. | 1 | 1 |
Compton v. Comptongreen2 sentences1990Rule 60(b)(3), I.R.C.P., provides that a court may relieve a party from a final judgment if there was “fraud, (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.” Our Supreme Court has stated that “fraud,” for the purposes of this rule, requires more than interparty misconduct—it will be found only in the presence of such “tampering with the administration of justice as to suggest ‘a wrong against the institutions set up to protect and safeguard the public.’ ” Compton v. Compton, 101 Idaho 328, 334 , 612 P.2d 1175, 1181 (1980). 1990Rule 60(b)(3), I.R.C.P., provides that a court may relieve a party from a final judgment if there was “fraud, (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.” Our Supreme Court has stated that “fraud,” for the purposes of this rule, requires more than interparty misconduct—it will be found only in the presence of such “tampering with the administration of justice as to suggest ‘a wrong against the institutions set up to protect and safeguard the public.’ ” Compton v. Compton, 101 Idaho 328, 334 , 612 P.2d 1175, 1181 (1980). | 1 | 1 |
Fignani v. City of Lewistongreen2 sentences1977Fignani v. City of Lewiston, 94 Idaho 196, 198 , 484 P.2d 1036, 1038 (1971). 1977Fignani v. City of Lewiston, 94 Idaho 196, 198 , 484 P.2d 1036, 1038 (1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ross v. Fiest
green
2 sentences1988Rather, for the purposes of this test, the commission should be looking at items such as tools, machinery, parts, special clothing (such as costumes, which the dancers provided for themselves), etc. In Ross we held that: “When erroneous evidence is considered in arriving at a factual decision, particularly where the ultimate factual issue is as close as the issue in this case, the cause should be remanded to the fact-finder to reconsider the factual issue without the erroneous evidence.” 105 Idaho at 120 , 666 P.2d at 647 . 1988Rather, for the purposes of this test, the commission should be looking at items such as tools, machinery, parts, special clothing (such as costumes, which the dancers provided for themselves), etc. In Ross we held that: “When erroneous evidence is considered in arriving at a factual decision, particularly where the ultimate factual issue is as close as the issue in this case, the cause should be remanded to the fact-finder to reconsider the factual issue without the erroneous evidence.” 105 Idaho at 120 , 666 P.2d at 647 . | 2 | 1988–1988 |
Succession of Michie
green
2 sentences1987E.g., Succession of Michie, 183 So.2d 436 (La.Ct.App.1966); Matter of Estate of Martinez, 99 N.M. 809 , 664 P.2d 1007 (Ct.App.1983); see generally 79 AM.JUR.2d Wills § 259 at 458-459 (1975). 1987E.g., Succession of Michie, 183 So.2d 436 (La. | 2 | 1987–1987 |
Brunacini v. Kavanagh
green
2 sentences2014The Estate and Eberle Berlin cite Brunacini v. Kavanagh, 117 N.M. 122 , 869 P.2d 821 (N.M.App.1993), for the proposition that they should be held to be in privity with Mr. Riley for the purposes of the defense of res judicata, but that case is inapposite. 2014The Estate and Eberle Berlin cite Brunacini v. Kavanagh, 117 N.M. 122 , 869 P.2d 821 (N.M.App.1993), for the proposition that they should be held to be in privity with Mr. Riley for the purposes of the defense of res judicata, but that case is inapposite. | 1 | 2014–2014 |
Bennett v. State, Department of Transportation
green
2 sentences2013From this evidence, the magistrate court could justifiably find that the trooper’s monitoring was such “as could reasonably be expected to accomplish the purposes of the requirement.” Bennett, 147 Idaho at 144 , 206 P.3d at 508 . 2013From this evidence, the magistrate court could justifiably find that the trooper’s monitoring was such “as could reasonably be expected to accomplish the purposes of the requirement.” Bennett, 147 Idaho at 144 , 206 P.3d at 508 . | 1 | 2013–2013 |
State Ex Rel. AR v. CR
green
1 sentence2010Id. at 78 . | 1 | 2010–2010 |
State v. Remsburg
green
2 sentences2009In Remsburg, 126 Idaho at 340-41 , 882 P.2d at 995 -96 this Court held that, in light of the purposes of the requirement, “observation” can include not only visual observation but use of other senses as well. 2009In Remsburg, 126 Idaho at 340-41 , 882 P.2d at 995 -96 this Court held that, in light of the purposes of the requirement, “observation” can include not only visual observation but use of other senses as well. | 1 | 2009–2009 |
Matter of Estate of Martinez
green
2 sentences1987E.g., Succession of Michie, 183 So.2d 436 (La.Ct.App.1966); Matter of Estate of Martinez, 99 N.M. 809 , 664 P.2d 1007 (Ct.App.1983); see generally 79 AM.JUR.2d Wills § 259 at 458-459 (1975). 1987E.g., Succession of Michie, 183 So.2d 436 (La.Ct.App.1966); Matter of Estate of Martinez, 99 N.M. 809 , 664 P.2d 1007 (Ct.App.1983); see generally 79 AM.JUR.2d Wills § 259 at 458-459 (1975). | 1 | 1987–1987 |
Stephens v. Elliott
neutral
1 sentence1908It is also clear that the employer is equally liable whether he constructed the track through his own agents or acquired it after its completion by another party.” (See, also, 4 Thompson on Negligence, sec. 4021; Stevens v. Elliott (Mont.), 92 Pac. 45 .) "While it is contended by counsel that respondent was a “timber-jack” of long experience, it does not appear that he had had experience with logging railways, and the evidence shows he was not competent to judge whether such railroad track and the method of handling the logging trains thereon were safe for the purposes intended. | 1 | 1908–1908 |
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.