Severson claim (Idaho) · Go Syfert
← Idaho issues

Severson claim in Idaho

5 Idaho opinions name it 2 courts 2009–2020 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.

Followed or applied (3)

CaseFollowedCited
State v. Jonesgreen
idaho · 2004 · cited in 1 Idaho opinions naming this issue, 2020–2020
2 sentences

2020“Whether a court lacks jurisdiction is a question of law that may be raised at any time.” State v. Jones, 140 Idaho 755, 757 , 101 P.3d 699, 701 (2004).

2020“Whether a court lacks jurisdiction is a question of law that may be raised at any time.” State v. Jones, 140 Idaho 755, 757 , 101 P.3d 699, 701 (2004).

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Idaho opinions naming this issue, 2019–2019
1 sentence

2019See id. at 687-88 .

11
State v. Perrygreen
idaho · 2010 · cited in 1 Idaho opinions naming this issue, 2014–2014
2 sentences

2014Severson’s direct appeal was decided before the Idaho Supreme Court clarified the fundamental error standard in State v. Perry, 150 Idaho 209, 214 , 245 P.3d 961, 966 (2010). 3 In Severson, the Court considered a statement by the prosecutor to be fundamental error if it went “to the foundation or basis of a defendant’s rights or . . . to the foundation of the case or take[s] from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive.” Severson, 147 Idaho at 716 , 215 P.3d at 436 . 4 Before applying the principles of res judicata in a

2014Severson’s direct appeal was decided before the Idaho Supreme Court clarified the fundamental error standard in State v. Perry, 150 Idaho 209, 214 , 245 P.3d 961, 966 (2010). 3 In Severson, the Court considered a statement by the prosecutor to be fundamental error if it went “to the foundation or basis of a defendant’s rights or . . . to the foundation of the case or take[s] from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive.” Severson, 147 Idaho at 716 , 215 P.3d at 436 . 4 Before applying the principles of res judicata in a

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 (2)

CaseCitedYears
State v. Severson green
idaho · 2009
2 sentences

2020Id.

2014Severson’s direct appeal was decided before the Idaho Supreme Court clarified the fundamental error standard in State v. Perry, 150 Idaho 209, 214 , 245 P.3d 961, 966 (2010). 3 In Severson, the Court considered a statement by the prosecutor to be fundamental error if it went “to the foundation or basis of a defendant’s rights or . . . to the foundation of the case or take[s] from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive.” Severson, 147 Idaho at 716 , 215 P.3d at 436 . 4 Before applying the principles of res judicata in a

22014–2020
Brady v. Maryland green
scotus · 1963
2 sentences

2009It maintains that the only time a prosecutor’s failure to disclose evidence or witnesses should be treated as misconduct is when the failure is a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). 29 According to the State, other failures to disclose are only discovery violations, the remedy for which is within the trial court’s discretion.

2009It maintains that the only time a prosecutor’s failure to disclose evidence or witnesses should be treated as misconduct is when the failure is a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). 29 According to the State, other failures to disclose are only discovery violations, the remedy for which is within the trial court’s discretion.

12009–2009

Where else courts name it

ID 5 (2009–2020) CA 2 (2022–2022)

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.

← Caselaw search · G Cite Topics · Brief Check