set out standard (Idaho) · Go Syfert
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set out standard in Idaho

13 Idaho opinions name it 2 courts 1983–2023 4 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 (6)

CaseFollowedCited
Associates Northwest, Inc. v. Beetsgreen
idahoctapp · 1987 · cited in 4 Idaho opinions naming this issue, 1997–2003
2 sentences

2003Id. at 600, 768 P.2d at 1333 (quoting Associates Northwest, Inc. v. Beets, 112 Idaho 603, 605 , 733 P.2d 824, 826 (Ct.App.1987)).

2003Id. at 600, 768 P.2d at 1333 (quoting Associates Northwest, Inc. v. Beets, 112 Idaho 603, 605 , 733 P.2d 824, 826 (Ct.App.1987)).

34
Bream v. Benscotergreen
idaho · 2003 · cited in 2 Idaho opinions naming this issue, 2015–2016
2 sentences

2016This Court set out the standard of review when determining the prevailing party in Bream v. Benscoter, 139 Idaho 364, 368 , 79 P.3d 723, 727 (2003): The determination of who is a prevailing party is committed to the sound discretion of the trial court, and we. will not disturb that determination absent an abuse of discretion.

2016This Court set out the standard of review when determining the prevailing party in Bream v. Benscoter, 139 Idaho 364, 368 , 79 P.3d 723, 727 (2003): The determination of who is a prevailing party is committed to the sound discretion of the trial court, and we. will not disturb that determination absent an abuse of discretion.

22
CASTRINGO v. McQuadegreen
idaho · 2005 · cited in 1 Idaho opinions naming this issue, 2022–2022
2 sentences

2022Quoting our decision in Castringo v. McQuade, 141 Idaho 93, 98 , 106 P.3d 419, 424 (2005), Rangen explained that fees are appropriate when the nonprevailing party “continued to rely on the same arguments used in front of the district court, without providing any additional persuasive law or bringing into doubt the existing law on which the district court based its decision.” 159 Idaho at 812 , 367 P.3d at 207 .

2022Quoting our decision in Castringo v. McQuade, 141 Idaho 93, 98 , 106 P.3d 419, 424 (2005), Rangen explained that fees are appropriate when the nonprevailing party “continued to rely on the same arguments used in front of the district court, without providing any additional persuasive law or bringing into doubt the existing law on which the district court based its decision.” 159 Idaho at 812 , 367 P.3d at 207 .

11
Willig v. State, Department of Health & Welfaregreen
idaho · 1995 · cited in 1 Idaho opinions naming this issue, 2001–2001
2 sentences

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

11
Dovel v. Dobsongreen
idaho · 1992 · cited in 1 Idaho opinions naming this issue, 2001–2001
2 sentences

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

11
Boise Group Homes, Inc. v. Idaho Department of Health & Welfaregreen
idaho · 1993 · cited in 1 Idaho opinions naming this issue, 2001–2001
2 sentences

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

2001Willig v. State Dep’t of Health & Welfare, 127 Idaho 259, 261 , 899 P.2d 969, 971 (1995); Boise Group Homes, Inc. v. Idaho Dep’t of Health & Welfare, 123 Idaho 908, 909 , 854 P.2d 251, 252 (1993); Dovel v. Dobson, 122 Idaho 59, 61 , 831 P.2d 527, 529 (1992).

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 (10)

CaseCitedYears
Teague v. Lane green
scotus · 1989
2 sentences

2023We explicitly adopted the retroactivity test from Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), for criminal cases on collateral review.

2023We explicitly adopted the retroactivity test from Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), for criminal cases on collateral review.

32023–2023
State v. Dameniel Preston Owens green
idaho · 2015
2 sentences

2023The Court set out the standard for determining retroactive versus prospective application of a new criminal procedural rule in State v. Owens, 158 Idaho 1 , 343 P.3d 30 (2015), a case that reversed longstanding precedent concerning the calculation of credit for time served under Idaho Code section 18-309: Finally, we must determine whether we will apply this decision retroactively.

2023The Court set out the standard for determining retroactive versus prospective application of a new criminal procedural rule in State v. Owens, 158 Idaho 1 , 343 P.3d 30 (2015), a case that reversed longstanding precedent concerning the calculation of credit for time served under Idaho Code section 18-309: Finally, we must determine whether we will apply this decision retroactively.

32023–2023
State v. Hedger green
idaho · 1989
2 sentences

2003In State v. Hedger, 115 *530 Idaho 598, 768 P.2d 1331 (1989), this Court set out the test for evaluating whether a trial court has abused its discretion: (I) 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.

2002In State v. Hedger, 115 Idaho 598 , 768 P.2d 1331 (1989), this Court set out the test for evaluating whether a trial court has abused its discretion: *136 (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.

31997–2003
Bolger v. Lance green
idaho · 2002
2 sentences

2016Bolder v. Lance, 137 Idaho 792 , 53 P.3d 1211 (2002).

2016Bolder v. Lance, 137 Idaho 792 , 53 P.3d 1211 (2002).

22015–2016
Rangen, Inc. v. Idaho Department of Water Resources green
idaho · 2016
2 sentences

2022In Rangen, this Court set out a standard for granting fees to the prevailing party under Idaho Code section 12-117(1). 159 Idaho at 812 , 367 P.3d at 207 .

2022In Rangen, this Court set out a standard for granting fees to the prevailing party under Idaho Code section 12-117(1). 159 Idaho at 812 , 367 P.3d at 207 .

12022–2022
Sun Valley Shopping Center, Inc. v. Idaho Power Co. green
idaho · 1991
2 sentences

2002In Sun Valley Shopping Center v. Idaho Power Co., 119 Idaho 87 , 803 P.2d 993 (1991), this Court set out the test for evaluating whether a trial court has abused its discretion: (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.

2002In Sun Valley Shopping Center v. Idaho Power Co., 119 Idaho 87 , 803 P.2d 993 (1991), this Court set out the test for evaluating whether a trial court has abused its discretion: (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.

12002–2002
Robbins v. Department of Public Works green
mass · 1969
2 sentences

1983In Sacco v. Department of Public Works, 352 Mass. 670 , 227 N.E.2d 478 (1967), and Robbins v. Department of Public Works, 355 Mass. 328 , 244 N.E.2d 577 (1969), the court set out the standard to be met to show adequate legislative intent, holding the legislature must identify the land and there must appear in the legislation not only a statement of the new use but a statement or recital demonstrating legislative awareness of the existing public use.

1983In Sacco v. Department of Public Works, 352 Mass. 670 , 227 N.E.2d 478 (1967), and Robbins v. Department of Public Works, 355 Mass. 328 , 244 N.E.2d 577 (1969), the court set out the standard to be met to show adequate legislative intent, holding the legislature must identify the land and there must appear in the legislation not only a statement of the new use but a statement or recital demonstrating legislative awareness of the existing public use.

11983–1983
State v. LePage green
idaho · 1981
2 sentences

1983Chapman v. California, supra. The court will look to see whether such error was “harmless.” In State v. LePage, 102 Idaho 387 , 630 P.2d 674 , cert. denied, 454 U.S. 1057 , 102 S.Ct. 606 , 70 L.Ed.2d 595 (1981), this court set out the test to be applied where inadmissible evidence was put before the jury.

1983Chapman v. California, supra. The court will look to see whether such error was “harmless.” In State v. LePage, 102 Idaho 387 , 630 P.2d 674 , cert. denied, 454 U.S. 1057 , 102 S.Ct. 606 , 70 L.Ed.2d 595 (1981), this court set out the test to be applied where inadmissible evidence was put before the jury.

11983–1983
Sacco v. Department of Public Works green
mass · 1967
2 sentences

1983In Sacco v. Department of Public Works, 352 Mass. 670 , 227 N.E.2d 478 (1967), and Robbins v. Department of Public Works, 355 Mass. 328 , 244 N.E.2d 577 (1969), the court set out the standard to be met to show adequate legislative intent, holding the legislature must identify the land and there must appear in the legislation not only a statement of the new use but a statement or recital demonstrating legislative awareness of the existing public use.

1983In Sacco v. Department of Public Works, 352 Mass. 670 , 227 N.E.2d 478 (1967), and Robbins v. Department of Public Works, 355 Mass. 328 , 244 N.E.2d 577 (1969), the court set out the standard to be met to show adequate legislative intent, holding the legislature must identify the land and there must appear in the legislation not only a statement of the new use but a statement or recital demonstrating legislative awareness of the existing public use.

11983–1983
LePage v. Idaho green
scotus · 1981
2 sentences

1983Chapman v. California, supra. The court will look to see whether such error was “harmless.” In State v. LePage, 102 Idaho 387 , 630 P.2d 674 , cert. denied, 454 U.S. 1057 , 102 S.Ct. 606 , 70 L.Ed.2d 595 (1981), this court set out the test to be applied where inadmissible evidence was put before the jury.

1983Chapman v. California, supra. The court will look to see whether such error was “harmless.” In State v. LePage, 102 Idaho 387 , 630 P.2d 674 , cert. denied, 454 U.S. 1057 , 102 S.Ct. 606 , 70 L.Ed.2d 595 (1981), this court set out the test to be applied where inadmissible evidence was put before the jury.

11983–1983

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (3) ID § Idaho Code § 18-2005 (3) ID § Idaho Code § 18-308 (3) ID § Idaho Code § 18-309 (3) ID § Idaho Code § 18-8005 (3) ID § Idaho Code § 19-2514 (3) ID § Idaho Code § 19-2601 (3) ID § Idaho Code § 19-2604 (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

AL 60 (1981–2023) MS 60 (1974–2017) TX 40 (1980–2005) LA 33 (1983–2019) FL 14 (1982–2019) NC 13 (1984–2022) ID 13 (1983–2023) WV 11 (1986–2005) OR 9 (1982–2025) KS 9 (1937–1999) TN 8 (1983–2015) CA 7 (1978–2022) MO 7 (1963–2023) IN 7 (1974–2010) AR 7 (1976–2022) OH 6 (1977–2003) OK 6 (1974–2025) WI 5 (1979–1997) MD 5 (1975–1990) MA 5 (1987–2013) MN 5 (1982–1996) IL 4 (1973–1998) NM 4 (1948–2021) NY 4 (1923–2024) MT 3 (1984–1997) WA 3 (1979–2020) HI 3 (1990–2026) NJ 3 (1996–2016) MI 3 (1978–1996) KY 2 (2018–2021) SD 2 (1985–1995) UT 2 (1982–2005)

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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