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12 Idaho opinions name it 2 courts 2011–2025 2 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. Perrygreen2 sentences2014See id. at 228 , 245 P.3d at 980 . 2014See id. at 228 , 245 P.3d at 980 . | 2 | 4 |
State v. Adamcikgreen2 sentences2018"The Perry fundamental error test requires the defendant to show three things: (1) the alleged error violated an unwaived constitutional right; (2) the alleged error plainly exists; and (3) the alleged error was not harmless." State v. Adamcik , 152 Idaho 445 , 473, 272 P.3d 417 , 445 (2012). 2018"The Perry fundamental error test requires the defendant to show three things: (1) the alleged error violated an unwaived constitutional right; (2) the alleged error plainly exists; and (3) the alleged error was not harmless." State v. Adamcik , 152 Idaho 445 , 473, 272 P.3d 417 , 445 (2012). | 1 | 1 |
State v. Reidgreen2 sentences2012See also State v. Reid, 151 Idaho 80, 88 , 253 P.3d 754, 762 (Ct. App. 2011) (applying the Perry fundamental error standard to Reid’s contention that the district court violated his due process rights by considering, at sentencing, a particular transcript). 2012See also State v. Reid, 151 Idaho 80, 88 , 253 P.3d 754, 762 (Ct. App. 2011) (applying the Perry fundamental error standard to Reid’s contention that the district court violated his due process rights by considering, at sentencing, a particular transcript). | 1 | 1 |
State v. Mitchellgreen2 sentences2012In State v. Mitchell, 146 Idaho 378, 385 , 195 P.3d 737, 744 (Ct. App. 2008), this Court stated that “sentencing is considered a critical stage in the trial process, and the ‘constitutional guarantee of due process is fully applicable at sentencing.’” Id. (citing Gardner v. Florida, 430 U.S. 349, 358 (1977)). 2012In State v. Mitchell, 146 Idaho 378, 385 , 195 P.3d 737, 744 (Ct. App. 2008), this Court stated that “sentencing is considered a critical stage in the trial process, and the ‘constitutional guarantee of due process is fully applicable at sentencing.’” Id. (citing Gardner v. Florida, 430 U.S. 349, 358 (1977)). | 1 | 1 |
Gardner v. Floridagreen1 sentence2012In State v. Mitchell, 146 Idaho 378, 385 , 195 P.3d 737, 744 (Ct. App. 2008), this Court stated that “sentencing is considered a critical stage in the trial process, and the ‘constitutional guarantee of due process is fully applicable at sentencing.’” Id. (citing Gardner v. Florida, 430 U.S. 349, 358 (1977)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Arizona v. Fulminante
green
2 sentences2017We reach this conclusion because one of the characteristics of structural defects as described by the United States Supreme Court is that they “defy analysis by harmless-error standards.” Fulminante, 499 U.S. at 309-10 . 2017We reach this conclusion because one of the characteristics of structural defects as described by the United States Supreme Court is that they “defy analysis by harmless-error standards.” Fulminante, 499 U.S. at 309-10 . | 3 | 2015–2017 |
State v. Miller
green
2 sentences2025Id. 2025Id. | 2 | 2025–2025 |
State v. Jackson
green
2 sentences2015In State v. Jackson, 151 Idaho 376 , 256 P.3d 784 (Ct. App. 2011), we addressed whether eliciting testimony from one witness vouching for the truthfulness of another violated one or more of a defendant’s unwaived constitutional rights. 2015In State v. Jackson, 151 Idaho 376 , 256 P.3d 784 (Ct. App. 2011), we addressed whether eliciting testimony from one witness vouching for the truthfulness of another violated one or more of a defendant’s unwaived constitutional rights. | 1 | 2015–2015 |
State v. James Leroy Skunkcap
green
2 sentences2014We thus arrive at the question whether Kirk has shown a reasonable possibility per Perry, 150 Idaho at 226 , 245 P.3d at 978 (or likelihood, per Skunkcap, 157 Idaho at 235 , 335 P.3d at 575 ), that the prosecutor’s argument, raising the specter of racial prejudice, affected the outcome of the trial. 2014We thus arrive at the question whether Kirk has shown a reasonable possibility per Perry, 150 Idaho at 226 , 245 P.3d at 978 (or likelihood, per Skunkcap, 157 Idaho at 235 , 335 P.3d at 575 ), that the prosecutor’s argument, raising the specter of racial prejudice, affected the outcome of the trial. | 1 | 2014–2014 |
State v. Longest
green
2 sentences2012Longest, 149 Idaho at 784 , 241 P.3d at 957 . 2012Longest, 149 Idaho at 784 , 241 P.3d at 957 . | 1 | 2012–2012 |
State v. Abelardo Dominguez Gomez
green
2 sentences2012More recently, in State v. Gomez, ___ Idaho ___, 281 P.3d 90 (2012), the Supreme Court utilized the Perry fundamental error standard to address Gomez’s claim, raised for the first time on appeal, that the district court’s order of restitution was erroneous because restitution cannot be imposed unless it is included in the plea agreement. 2012The Court specifically noted “the alleged error occurred during the proceedings that followed a guilty plea,” and “[u]nder Perry, the three part test for unobjected-to fundamental error applies to such criminal proceedings.” Gomez, ___ Idaho at ___, 281 P.3d at ___ . | 1 | 2012–2012 |
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.