legislative requirement (Idaho) · Go Syfert
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legislative requirement in Idaho

10 Idaho opinions name it 2 courts 1980–2019 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.

Followed or applied (8)

CaseFollowedCited
James v. Buckgreen
idaho · 1986 · cited in 2 Idaho opinions naming this issue, 1988–1988
2 sentences

1988In James v. Buck, 111 Idaho 708, 709 , 727 P.2d 1136, 1137 (1986), it was stated: “An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another” must be filed within two years of the date the cause of action accrued.

1988In James v. Buck, 111 Idaho 708, 709 , 727 P.2d 1136, 1137 (1986), it was stated: “An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another” must be filed within two years of the date the cause of action accrued.

22
Jensen v. Jensengreen
idaho · 1996 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865, 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606, 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discreti

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865, 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606, 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discreti

11
Sales v. Peabodygreen
idaho · 2014 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865 , 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606 , 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discre

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865, 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606, 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discreti

11
Pedro Pelayo v. Bertha Pelayogreen
idaho · 2013 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865, 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606, 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discreti

2019“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Pelayo, 154 Idaho at 865, 303 P.3d at 224 (quoting Jensen v. Jensen, 9 In this appeal, we only discuss attorney fees, not costs, because the district court vacated and remanded the magistrate court’s award of discretionary costs on intermediate appeal. 38 128 Idaho 600, 606, 917 P.2d 757, 763 (1996)). “[T]he decision to award attorney fees pursuant to Idaho Code section 32-704 is reviewed under an abuse of discreti

11
Dunbar v. United Steelworkers of Americagreen
idaho · 1979 · cited in 1 Idaho opinions naming this issue, 2008–2008
2 sentences

2008Dunbar v. United Steelworkers of America, 100 Idaho 523, 529 , 602 P.2d 21, 27 (1979).

2008Dunbar v. United Steelworkers of America, 100 Idaho 523, 529 , 602 P.2d 21, 27 (1979).

11
Bailey v. Baileygreen
idahoctapp · 1984 · cited in 1 Idaho opinions naming this issue, 1995–1995
2 sentences

1995Id.; see also Bailey v. Bailey, 107 Idaho 324, 329 , 689 P.2d 216, 221 (Ct.App.1984) (trial judges in divorce cases should state reasons for their decisions on attorney fee issues, which statement should at least note existence of legislative guidelines and identify those factors weighed in reaching a decision).

1995Id.; see also Bailey v. Bailey, 107 Idaho 324, 329 , 689 P.2d 216, 221 (Ct.App.1984) (trial judges in divorce cases should state reasons for their decisions on attorney fee issues, which statement should at least note existence of legislative guidelines and identify those factors weighed in reaching a decision).

11
State v. Ennogreen
idaho · 1991 · cited in 1 Idaho opinions naming this issue, 1992–1992
2 sentences

1992State v. Enno, 119 Idaho 392, 409 , 807 P.2d 610, 627 (1991).

1992State v. Enno, 119 Idaho 392, 409 , 807 P.2d 610, 627 (1991).

11
State v. Owengreen
idaho · 1953 · cited in 1 Idaho opinions naming this issue, 1983–1983
2 sentences

1983We think that the statute should be given the broader interpretation, particularly in a capital case.' State v. Owen, 73 Idaho 394, 403 , 253 P.2d 203, 207-208 (1953), overruled on other grounds, State v. Shepherd, 94 Idaho 227 , 486 P.2d 82 (1971).

1983We think that the statute should be given the broader interpretation, particularly in a capital case.' State v. Owen, 73 Idaho 394, 403 , 253 P.2d 203, 207-208 (1953), overruled on other grounds, State v. Shepherd, 94 Idaho 227 , 486 P.2d 82 (1971).

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 (5)

CaseCitedYears
Noble v. Fisher green
idaho · 1995
1 sentence

2013“Unless the court’s decision cites the legislative factors and demonstrates that such factors were considered, the award of attorney fees is subject to being reversed and remanded.” Id.

12013–2013
State v. Shepherd green
idaho · 1971
2 sentences

1983We think that the statute should be given the broader interpretation, particularly in a capital case.' State v. Owen, 73 Idaho 394, 403 , 253 P.2d 203, 207-208 (1953), overruled on other grounds, State v. Shepherd, 94 Idaho 227 , 486 P.2d 82 (1971).

1983We think that the statute should be given the broader interpretation, particularly in a capital case.' State v. Owen, 73 Idaho 394, 403 , 253 P.2d 203, 207-208 (1953), overruled on other grounds, State v. Shepherd, 94 Idaho 227 , 486 P.2d 82 (1971).

11983–1983
Heese v. a & T TRUCKING green
idaho · 1981
2 sentences

1983Heese v. A & T Tracking, 102 Idaho 598 , 635 P.2d 962 (1981).

1983Heese v. A & T Tracking, 102 Idaho 598 , 635 P.2d 962 (1981).

11983–1983
Miller v. United States green
scotus · 1958
2 sentences

1980That which the Court does today is a far cry from our observations in Rauch as to the "basic right to be secure in a person's home, guaranteed by the fourth amendment ..." 99 Idaho at 592 , 586 P.2d at 677 ; "[t]he very sanctity of the home ..." 99 Idaho at 593 , 586 P.2d at 678 ; the fact that "`[s]uch action invades the precious interest of privacy summed up in the ancient adage that a man's house is his castle.' Miller v. United States, 357 U.S. 301, 307 , 78 S.Ct. 1190, 1194 , 2 L.Ed.2d 1332 ..." 99 Idaho at 592 , 586 P.2d at 677 ; the fact that "[t]he exclusionary rule has been the basic

1980That which the Court does today is a far cry from our observations in Rauch as to the "basic right to be secure in a person's home, guaranteed by the fourth amendment ..." 99 Idaho at 592 , 586 P.2d at 677 ; "[t]he very sanctity of the home ..." 99 Idaho at 593 , 586 P.2d at 678 ; the fact that "`[s]uch action invades the precious interest of privacy summed up in the ancient adage that a man's house is his castle.' Miller v. United States, 357 U.S. 301, 307 , 78 S.Ct. 1190, 1194 , 2 L.Ed.2d 1332 ..." 99 Idaho at 592 , 586 P.2d at 677 ; the fact that "[t]he exclusionary rule has been the basic

11980–1980
State v. Rauch green
idaho · 1978
2 sentences

1980That which the Court does today is a far cry from our observations in Rauch as to the "basic right to be secure in a person's home, guaranteed by the fourth amendment ..." 99 Idaho at 592 , 586 P.2d at 677 ; "[t]he very sanctity of the home ..." 99 Idaho at 593 , 586 P.2d at 678 ; the fact that "`[s]uch action invades the precious interest of privacy summed up in the ancient adage that a man's house is his castle.' Miller v. United States, 357 U.S. 301, 307 , 78 S.Ct. 1190, 1194 , 2 L.Ed.2d 1332 ..." 99 Idaho at 592 , 586 P.2d at 677 ; the fact that "[t]he exclusionary rule has been the basic

1980That which the Court does today is a far cry from our observations in Rauch as to the "basic right to be secure in a person's home, guaranteed by the fourth amendment ..." 99 Idaho at 592 , 586 P.2d at 677 ; "[t]he very sanctity of the home ..." 99 Idaho at 593 , 586 P.2d at 678 ; the fact that "`[s]uch action invades the precious interest of privacy summed up in the ancient adage that a man's house is his castle.' Miller v. United States, 357 U.S. 301, 307 , 78 S.Ct. 1190, 1194 , 2 L.Ed.2d 1332 ..." 99 Idaho at 592 , 586 P.2d at 677 ; the fact that "[t]he exclusionary rule has been the basic

11980–1980

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (4) ID § Idaho Code § 32-704 (3) ID § Idaho Code § 32-705 (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

TX 228 (1917–2026) CA 201 (1936–2026) PA 107 (1902–2026) MI 91 (1918–2025) WV 90 (1943–2025) CT 81 (1960–2025) NJ 65 (1950–2025) NY 63 (1889–2024) MD 61 (1959–2022) FL 57 (1935–2023) IL 55 (1914–2025) LA 41 (1913–2023) WA 37 (1913–2026) OR 33 (1914–2025) OH 30 (1935–2025) AZ 25 (1944–2025) IA 25 (1950–2024) WI 24 (1971–2023) KS 23 (1958–2021) RI 22 (1976–2020) CO 20 (1949–2019) NM 19 (1969–2026) NC 19 (1976–2026) KY 18 (1963–2024) MS 16 (1968–2017) AK 15 (1969–2024) AL 15 (1922–2013) UT 14 (1988–2025) MN 14 (1884–2025) IN 13 (1942–2024) ME 12 (1961–2021) WY 12 (1978–2010) TN 11 (1955–2021) GA 11 (1987–2020) DC 11 (1972–2015) MO 11 (1979–2019) VA 11 (1996–2024) ID 10 (1980–2019) NE 9 (1928–2014) OK 9 (1960–2015) NH 9 (1927–2022) VT 8 (1932–2025) MT 8 (1921–2026) DE 7 (1963–1995) MA 7 (1966–2025) SC 7 (1938–2023) NV 6 (1952–2021) AR 5 (1945–2019) HI 5 (1981–2019) ND 5 (1974–2014) SD 3 (1984–2017) VI 3 (1978–2016) PR 3 (1937–2014)

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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