reviewed claim (Idaho) · Go Syfert
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reviewed claim in Idaho

5 Idaho opinions name it 2 courts 1982–2022 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
Metropolitan Life Insurance v. Johnsongreen
idaho · 1982 · cited in 1 Idaho opinions naming this issue, 1982–1982
2 sentences

1982We stated that “[t]he pri- or decisions of this Court make clear that when a couple cohabit, assume the rights, duties and responsibilities of marriage, and hold themselves out as being married, a presumption of marriage arises which, if disputed, must be overcome by clear and positive evidence.” Metropolitan Life Insurance Co. v. Johnson, supra, 103 Idaho at 127, 645 P.2d at 361 (emphasis added).

1982We stated that “[t]he pri- or decisions of this Court make clear that when a couple cohabit, assume the rights, duties and responsibilities of marriage, and hold themselves out as being married, a presumption of marriage arises which, if disputed, must be overcome by clear and positive evidence.” Metropolitan Life Insurance Co. v. Johnson, supra, 103 Idaho at 127, 645 P.2d at 361 (emphasis added).

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 (4)

CaseCitedYears
State v. Perry green
idaho · 2010
2 sentences

2017This Court reviewed the claim under the fundamental error doctrine outlined in State v. Perry, 150 Idaho 209 , 245 P.3d 961 (2010). 1 We determined that although the State did not dispute that an unwaived constitutional right was implicated, Grove was not able to meet the clear or obvious error prong of the analysis.

2017This Court reviewed the claim under the fundamental error doctrine outlined in State v. Perry, 150 Idaho 209 , 245 P.3d 961 (2010). 1 We determined that although the State did not dispute that an unwaived constitutional right was implicated, Grove was not able to meet the clear or obvious error prong of the analysis.

22017–2017
State v. Grove green
idahoctapp · 2011
2 sentences

2017This Court stated that “the record simply does not eliminate the possibility that the failure to object was strategic.” Grove, 151 Idaho at 492 , 259 P.3d at 638 . 2 The deposition of trial counsel, taken after we issued our decision on direct appeal, reinforced this proposition.

2017This Court stated that “the record simply does not eliminate the possibility that the failure to object was strategic.” Grove, 151 Idaho at 492 , 259 P.3d at 638 . 2 The deposition of trial counsel, taken after we issued our decision on direct appeal, reinforced this proposition.

22017–2017
Twin Falls County v. Idaho Commission on Redistricting green
idaho · 2012
1 sentence

2022Id. at 347, 271 P.3d at 1203 .

12022–2022
State v. Kevin Louis Ormesher green
idahoctapp · 2012
2 sentences

2018In State v. Ormesher, 154 Idaho 221 , 296 P.3d 427 (Ct. App. 2012), this Court reviewed a claim that a fatal variance with a charging document had occurred.

2018In State v. Ormesher, 154 Idaho 221 , 296 P.3d 427 (Ct. App. 2012), this Court reviewed a claim that a fatal variance with a charging document had occurred.

12018–2018

Where else courts name it

CA 26 (1970–2026) OH 20 (1983–2022) PA 20 (1944–2025) LA 13 (1983–2012) MS 13 (1984–2025) WA 11 (1911–2024) MI 10 (1968–2024) NJ 9 (1992–2018) IL 8 (1975–2025) TX 8 (1978–2015) CT 8 (1991–2021) KS 7 (1981–2012) IN 6 (1983–2017) MO 6 (1979–2019) AL 6 (1991–2023) NY 5 (1978–2020) ID 5 (1982–2022) MD 5 (1991–2019) DC 4 (1980–1994) NC 4 (2001–2017) WI 4 (1991–2026) MT 3 (1996–2002) OK 3 (1976–2015) FL 3 (1979–2011) NM 3 (2002–2016) TN 3 (1986–2016) MA 2 (1975–2025) UT 2 (1983–2011) CO 2 (1989–1996) AZ 2 (2014–2024) NE 2 (1886–1985)

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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