11 Idaho opinions name it 2 courts 1985–2020 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 |
|---|---|---|
Hamling v. United Statesgreen2 sentences1985In Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974), the United States Supreme Court, applying a functional analysis, set forth the following standard for testing the sufficiency of a pleading: “Our prior cases indicate that an indictment is sufficient if it, first, contains the elements of the offense charged and fairly informs the defendant of the charges against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Id. at 117 , 94 S.Ct. at 2907 . 1985In Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974), the United States Supreme Court, applying a functional analysis, set forth the following standard for testing the sufficiency of a pleading: “Our prior cases indicate that an indictment is sufficient if it, first, contains the elements of the offense charged and fairly informs the defendant of the charges against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Id. at 117 , 94 S.Ct. at 2907 . | 3 | 7 |
State v. Robrangreen2 sentences1995Under this functional analysis, we examine, first, whether the Information contains the elements of the offense charged and fairly informs the defendant of the charges against which he must defend, and second, whether it enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense. 119 Idaho at 287 , 805 P.2d at 493 (citations omitted). 1995Under this functional analysis, we examine, first, whether the Information contains the elements of the offense charged and fairly informs the defendant of the charges against which he must defend, and second, whether it enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense. 119 Idaho at 287 , 805 P.2d at 493 (citations omitted). | 1 | 2 |
State v. Gummgreen2 sentences1995Hamling v. United States, 418 U.S. 87, 117 , 94 S.Ct. 2887, 2907 , 41 L.Ed.2d 590 (1974); State v. Gumm, 99 Idaho 549, 551 , 585 P.2d 959, 961 (1978); Robran, 119 Idaho at 287 , 805 P.2d at 493 . 1995Hamling v. United States, 418 U.S. 87, 117 , 94 S.Ct. 2887, 2907 , 41 L.Ed.2d 590 (1974); State v. Gumm, 99 Idaho 549, 551 , 585 P.2d 959, 961 (1978); Robran, 119 Idaho at 287 , 805 P.2d at 493 . | 1 | 2 |
ASARCO Inc. v. Idaho State Tax Commissiongreen1 sentence2020Unitary Business Test Generally, “a State may not tax value earned outside its borders.” ASARCO Inc. v. Idaho State Tax Comm’n, 458 U.S. 307, 315 (1982). | 1 | 1 |
Short by Oosterhous v. Shortgreen1 sentence1997Therefore, the guardian can be seen as an “agent of the court.” See Short by Oosterhous v. Short, 730 F.Supp. 1037, 1038 (D.Colo.1990) (discussing guardians in the child custody context). | 1 | 1 |
State v. Windsorgreen2 sentences1991Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974); State v. Windsor, 110 Idaho 410, 417 , 716 P.2d 1182, 1189 (1985); State v. Gumm, 99 Idaho 549 , 585 P.2d 959 (1978). 1991Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974); State v. Windsor, 110 Idaho 410, 417 , 716 P.2d 1182, 1189 (1985); State v. Gumm, 99 Idaho 549 , 585 P.2d 959 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Union Pacific Corp. v. Idaho State Tax Commission
green
2 sentences2020Corp. v. Idaho State 8 Tax Comm’n, 136 Idaho 34 , 38–39, 28 P.3d 375 , 379–80 (2001) (quoting I.C. § 63-3027(a)(1)). 2020Corp. v. Idaho State 8 Tax Comm’n, 136 Idaho 34 , 38–39, 28 P.3d 375 , 379–80 (2001) (quoting I.C. § 63-3027(a)(1)). | 1 | 2020–2020 |
Albertson's, Inc. v. State, Dept. of Revenue
green
2 sentences2020Originally, the unitary-business test required “unity of ownership, unity of operation, and unity of use.” Albertson’s, Inc., 106 Idaho at 815 , 683 P.2d at 851 . 2020Originally, the unitary-business test required “unity of ownership, unity of operation, and unity of use.” Albertson’s, Inc., 106 Idaho at 815 , 683 P.2d at 851 . | 1 | 2020–2020 |
Country Cove Development, Inc. v. May
green
1 sentence2020Another method of satisfying the functional test is a finding that “the holding of the intangible interest served an operational rather than an investment function of mere financial betterment.” Id. | 1 | 2020–2020 |
Bates v. State
green
2 sentences1995In Bates v. State, 106 Idaho 395 , 679 P.2d 672 (Ct.App.1984), we discussed the intent element required for attempted rape in the context of whether Bates' plea of guilty to that offense was voluntary, based upon the premise that in order for a guilty plea to be voluntary a defendant must be informed of the intent element requisite to the charged offense. 1995In Bates v. State, 106 Idaho 395 , 679 P.2d 672 (Ct.App.1984), we discussed the intent element required for attempted rape in the context of whether Bates' plea of guilty to that offense was voluntary, based upon the premise that in order for a guilty plea to be voluntary a defendant must be informed of the intent element requisite to the charged offense. | 1 | 1995–1995 |
Lindsay v. Wyatt
neutral
1 sentence1988Cf. Lindsay v. Wyatt, 1 Idaho 738 (1878) (adopting functional analysis to determine whether issue should be characterized as affirmative defense). | 1 | 1988–1988 |
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.