rebuttal hearing (Idaho) · Go Syfert
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rebuttal hearing in Idaho

5 Idaho opinions name it 2 courts 1995–2021 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.

Followed or applied (1)

CaseFollowedCited
Bradford v. Stategreen
idahoctapp · 1993 · cited in 2 Idaho opinions naming this issue, 1995–1997
2 sentences

1997See Bradford v. State, 124 Idaho 788, 791 , 864 P.2d 626, 629 (Ct.App.1993) (noting that there could be procedural due process violations inherent in the practice of placing the inmate in administrative segregation pending the rebuttal hearing, but holding that such infirmities could be cured by the appointment of a staff representative to contact witnesses).

1997See Bradford v. State, 124 Idaho 788, 791 , 864 P.2d 626, 629 (Ct.App.1993) (noting that there could be procedural due process violations inherent in the practice of placing the inmate in administrative segregation pending the rebuttal hearing, but holding that such infirmities could be cured by the appointment of a staff representative to contact witnesses).

12

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
State v. Radabaugh green
idaho · 1970
2 sentences

2010However, in State v. Radabaugh, this Court did not expressly condition the admission of state of mind evidence on it being offered to rebut a defense theory. 93 Idaho 727 , 471 P.2d 582 (1970).

2010However, in State v. Radabaugh, this Court did not expressly condition the admission of state of mind evidence on it being offered to rebut a defense theory. 93 Idaho 727 , 471 P.2d 582 (1970).

22010–2010
In re the Termination of the Parental Rights of DOE (2014-09) green
idaho · 2014
2 sentences

2021According to Father, these subsections create “two distinct classifications of causes of action” and “under subsection (1), [Mother] bears the burden to compelling [sic] show why this matter should not just be handled in a custody case but should be addressed in a termination action.” In support of this assertion, Father cites In re Doe (2014-09), 157 Idaho 14 , 333 P.3d 125 (2014).

2021According to Father, these subsections create “two distinct classifications of causes of action” and “under subsection (1), [Mother] bears the burden to compelling [sic] show why this matter should not just be handled in a custody case but should be addressed in a termination action.” In support of this assertion, Father cites In re Doe (2014-09), 157 Idaho 14 , 333 P.3d 125 (2014).

12021–2021
Lawny Lamar Browning v. Richard A. Vernon, Director Ron McKinsey green
ca9 · 1995
1 sentence

1995It is unclear from the language of Browning whether the Ninth Circuit meant to include attorney contact when it stated that “a reasonable official would know that an inmate would not be able to adequately prepare for the rebuttal hearing or call witnesses at the hearing after being placed in segregation with no outside contact.” 44 F.3d at 823 .

11995–1995
Schmidt v. State green
idahoctapp · 1982
1 sentence

1995The district court, relying on this Court’s opinion in Schmidt v. State, 108 Idaho 340 , 647 P.2d 796 (Ct.App.1982), stated that “a prisoner is not entitled to counsel at a classification (jurisdictional review) hearing.” In Schmidt, we addressed whether an inmate was entitled to representation during the actual rebuttal hearing.

11995–1995
State v. Hanslovan green
idahoctapp · 1989
2 sentences

1995Further, in State v. Hanslovan, 116 Idaho 266 , 775 P.2d 158 (Ct.App.1989), we determined that denial of access to an inmate law clerk to assist in preparation for the rebuttal hearing was not a denial of due process.

1995Further, in State v. Hanslovan, 116 Idaho 266 , 775 P.2d 158 (Ct.App.1989), we determined that denial of access to an inmate law clerk to assist in preparation for the rebuttal hearing was not a denial of due process.

11995–1995

Where else courts name it

OR 21 (1960–2025) IL 19 (1970–2026) CA 19 (1950–2021) TX 16 (1953–2024) PA 14 (1939–2020) NY 13 (1913–2022) OH 12 (1991–2021) MO 9 (1891–2023) MS 7 (1983–2023) MI 6 (1985–2025) ID 5 (1995–2021) WA 5 (1990–2026) NM 5 (2020–2026) AL 4 (1988–2024) NC 4 (1971–2007) TN 4 (1974–2018) LA 4 (1999–2017) FL 4 (1959–2013) CT 3 (1993–1998) NJ 3 (1998–2013) VA 3 (2011–2024) IN 3 (1993–2019) GA 3 (1999–2017) AZ 3 (1967–2023) IA 3 (1972–2021) MA 2 (1994–2006) ME 2 (1979–2001) NE 2 (2022–2022) ND 2 (1992–1992) CO 2 (2000–2000) MN 2 (1969–2009) UT 2 (2015–2020) MT 2 (1982–1982)

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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