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13 Idaho opinions name it 2 courts 1904–2022 1 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. Pinkneygreen2 sentences2022Therefore, he preserved his argument for appeal. “ ‘In general, it is within the trial court’s discretion to determine whether, and the manner in which, to respond to a question posed by the jury during deliberations.’ ” Sheahan I, 139 Idaho at 282 , 77 P.3d at 971 (quoting State v. Pinkney, 115 Idaho 1152, 1154 , 772 P.2d 1246, 1248 (Ct. App. 1989)). “ ‘[I]f a jury expresses doubt or confusion on a point of law correctly and adequately covered in a given instruction, the trial court in its discretion may explain the given instruction or further instruct the jury but it is under no duty to do 2022Therefore, he preserved his argument for appeal. “ ‘In general, it is within the trial court’s discretion to determine whether, and the manner in which, to respond to a question posed by the jury during deliberations.’ ” Sheahan I, 139 Idaho at 282 , 77 P.3d at 971 (quoting State v. Pinkney, 115 Idaho 1152, 1154 , 772 P.2d 1246, 1248 (Ct. App. 1989)). “ ‘[I]f a jury expresses doubt or confusion on a point of law correctly and adequately covered in a given instruction, the trial court in its discretion may explain the given instruction or further instruct the jury but it is under no duty to do | 1 | 3 |
Bonner Building Supply, Inc. v. Standard Forest Products, Inc.green2 sentences1992In Bonner Building Supply, Inc. v. Standard Forest Products, Inc., 106 Idaho 682 , 682 P.2d 635 (Ct.App.1984), the Idaho Court of Appeals recently reiterated the rule in Wayne v. Alspach, stating: To adjudicate a given claim, a court must have jurisdiction over the subject matter of the claim and the parties involved. 1992In Bonner Building Supply, Inc. v. Standard Forest Products, Inc., 106 Idaho 682 , 682 P.2d 635 (Ct.App.1984), the Idaho Court of Appeals recently reiterated the rule in Wayne v. Alspach, stating: To adjudicate a given claim, a court must have jurisdiction over the subject matter of the claim and the parties involved. | 1 | 2 |
Holland v. Petersongreen2 sentences1985However, "[t]his Court has long adhered to the rule that when the instructions given by the trial court are correct insofar as they go, one cannot complain of the failure to give additional instructions if none are requested." Holland v. Peterson, 95 Idaho 728, 730 , 518 P.2d 1190, 1192 (1974). 1985However, "[t]his Court has long adhered to the rule that when the instructions given by the trial court are correct insofar as they go, one cannot complain of the failure to give additional instructions if none are requested." Holland v. Peterson, 95 Idaho 728, 730 , 518 P.2d 1190, 1192 (1974). | 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. Sheahan
green
2 sentences2022Therefore, he preserved his argument for appeal. “ ‘In general, it is within the trial court’s discretion to determine whether, and the manner in which, to respond to a question posed by the jury during deliberations.’ ” Sheahan I, 139 Idaho at 282 , 77 P.3d at 971 (quoting State v. Pinkney, 115 Idaho 1152, 1154 , 772 P.2d 1246, 1248 (Ct. App. 1989)). “ ‘[I]f a jury expresses doubt or confusion on a point of law correctly and adequately covered in a given instruction, the trial court in its discretion may explain the given instruction or further instruct the jury but it is under no duty to do 2022Therefore, he preserved his argument for appeal. “ ‘In general, it is within the trial court’s discretion to determine whether, and the manner in which, to respond to a question posed by the jury during deliberations.’ ” Sheahan I, 139 Idaho at 282 , 77 P.3d at 971 (quoting State v. Pinkney, 115 Idaho 1152, 1154 , 772 P.2d 1246, 1248 (Ct. App. 1989)). “ ‘[I]f a jury expresses doubt or confusion on a point of law correctly and adequately covered in a given instruction, the trial court in its discretion may explain the given instruction or further instruct the jury but it is under no duty to do | 3 | 2012–2022 |
Wayne v. Alspach
green
2 sentences1992Wayne v. Alspach, 20 Idaho 144 , 116 P. 1033 (1911). 1992Wayne v. Alspach, 20 Idaho 144 , 116 P. 1033 (1911). | 2 | 1984–1992 |
Harper v. Hoffman
green
2 sentences1989The court's given instructions correctly instructed the jury that "the plaintiffs have the burden of proving that the negligence of the defendant was a proximate cause of the injury and damage to the plaintiffs, and the amount thereof." Instruction 12; Harper v. Hoffman, 95 Idaho 933 , 523 P.2d 536 (1974). 1989The court's given instructions correctly instructed the jury that "the plaintiffs have the burden of proving that the negligence of the defendant was a proximate cause of the injury and damage to the plaintiffs, and the amount thereof." Instruction 12; Harper v. Hoffman, 95 Idaho 933 , 523 P.2d 536 (1974). | 1 | 1989–1989 |
Turner v. Purdum
green
2 sentences1959In Turner v. Purdum, 77 Idaho 130 , at page 141, 289 P.2d 608 , at page 613, we said: “ * * * It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction.” In that case the appellant urged the instruction was improper because the accident resulted from known actions of known persons and things. 1959In Turner v. Purdum, 77 Idaho 130 , at page 141, 289 P.2d 608 , at page 613, we said: “ * * * It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction.” In that case the appellant urged the instruction was improper because the accident resulted from known actions of known persons and things. | 1 | 1959–1959 |
Smith v. Harger
green
2 sentences1955It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction. 38 Am.Jur., Negligence, pages 1090-1091, sec. 370; Wilkerson v. Brown, Cal.App., 190 P.2d 958 ; Temple v. De Mirjian, 51 Cal.App.2d 559 , 125 P.2d 544 ; Smith v. Harger, 84 Cal.App.2d 361 , 191 P.2d 25 . 1955It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction. 38 Am.Jur., Negligence, pages 1090-1091, sec. 370; Wilkerson v. Brown, Cal.App., 190 P.2d 958 ; Temple v. De Mirjian, 51 Cal.App.2d 559 , 125 P.2d 544 ; Smith v. Harger, 84 Cal.App.2d 361 , 191 P.2d 25 . | 1 | 1955–1955 |
Temple v. De Mirjian
green
2 sentences1955It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction. 38 Am.Jur., Negligence, pages 1090-1091, sec. 370; Wilkerson v. Brown, Cal.App., 190 P.2d 958 ; Temple v. De Mirjian, 51 Cal.App.2d 559 , 125 P.2d 544 ; Smith v. Harger, 84 Cal.App.2d 361 , 191 P.2d 25 . 1955It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction. 38 Am.Jur., Negligence, pages 1090-1091, sec. 370; Wilkerson v. Brown, Cal.App., 190 P.2d 958 ; Temple v. De Mirjian, 51 Cal.App.2d 559 , 125 P.2d 544 ; Smith v. Harger, 84 Cal.App.2d 361 , 191 P.2d 25 . | 1 | 1955–1955 |
Wilkerson v. Brown
green
1 sentence1955It is not error for the trial court to instruct on the law of unavoidable accident where there is any evidence tending to support such theory such as the uncertain weather conditions prevalent at the time of the accident as pointed out in the given instruction. 38 Am.Jur., Negligence, pages 1090-1091, sec. 370; Wilkerson v. Brown, Cal.App., 190 P.2d 958 ; Temple v. De Mirjian, 51 Cal.App.2d 559 , 125 P.2d 544 ; Smith v. Harger, 84 Cal.App.2d 361 , 191 P.2d 25 . | 1 | 1955–1955 |
Territory v. Neilson
green
2 sentences1908(Territory v. Neilson, 2 Ida. 614 , 23 Pac. 537 ; State v. Wright, 12 Ida. 212 , 85 Pac. 493 .) Appellant next alleges as error the refusal of the trial court to give the following instruction: ‘ ‘ The court instructs the jury that the possession of property, however recent, is not of itself a criminating circumstance, but to such evidence of possession must be added circumstances that will prove defendant’s guilt beyond a reasonable doubt.” This instruction is not a correct statement of the law, and also invades the province of the jury in determining questions of fact. 1908(Territory v. Neilson, 2 Ida. 614 , 23 Pac. 537 ; State v. Wright, 12 Ida. 212 , 85 Pac. 493 .) Appellant next alleges as error the refusal of the trial court to give the following instruction: ‘ ‘ The court instructs the jury that the possession of property, however recent, is not of itself a criminating circumstance, but to such evidence of possession must be added circumstances that will prove defendant’s guilt beyond a reasonable doubt.” This instruction is not a correct statement of the law, and also invades the province of the jury in determining questions of fact. | 1 | 1908–1908 |
State v. Wright
neutral
1 sentence1908(Territory v. Neilson, 2 Ida. 614 , 23 Pac. 537 ; State v. Wright, 12 Ida. 212 , 85 Pac. 493 .) Appellant next alleges as error the refusal of the trial court to give the following instruction: ‘ ‘ The court instructs the jury that the possession of property, however recent, is not of itself a criminating circumstance, but to such evidence of possession must be added circumstances that will prove defendant’s guilt beyond a reasonable doubt.” This instruction is not a correct statement of the law, and also invades the province of the jury in determining questions of fact. | 1 | 1908–1908 |
Wilson v. United States
green
1 sentence1904In support of said contention counsel cite Wilson v. United States, 149 U. S. 60 , 13 Sup. Ct. Rep. 765, 37 L. ed. 650. | 1 | 1904–1904 |
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.