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

5 Idaho opinions name it 1 courts 2018–2025 2 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
State v. Brazilgreen
idahoctapp · 2001 · cited in 3 Idaho opinions naming this issue, 2018–2020
2 sentences

2020State v. Brazil, 136 Idaho 327, 329 , 33 P.3d 218, 220 (Ct. App. 2001).

2020State v. Brazil, 136 Idaho 327, 329 , 33 P.3d 218, 220 (Ct. App. 2001).

33

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 (1)

CaseCitedYears
State v. Colwell green
idahoctapp · 1993
2 sentences

2025The Colwell Court adopted the definition of prejudice used in a variance analysis: “A ‘mere variance’ between the facts alleged in the information and those proved at trial requires reversal of the conviction only when an examination of the record indicates that the defendant was deprived of a right to fair notice or is left open to the risk of double jeopardy.” Colwell, 124 Idaho at 565-66 , 861 P.2d at 1230-31 .

2025The Colwell Court adopted the definition of prejudice used in a variance analysis: “A ‘mere variance’ between the facts alleged in the information and those proved at trial requires reversal of the conviction only when an examination of the record indicates that the defendant was deprived of a right to fair notice or is left open to the risk of double jeopardy.” Colwell, 124 Idaho at 565-66 , 861 P.2d at 1230-31 .

22025–2025

Where else courts name it

TX 48 (1881–2023) PA 36 (1928–2026) RI 31 (1965–2026) NY 16 (1929–2024) TN 15 (1982–2022) AL 13 (1881–2016) CT 13 (1955–2022) CA 12 (1944–2021) MD 11 (1967–2025) NJ 10 (1880–2008) IL 9 (1906–2022) ME 7 (1982–2016) FL 6 (1962–1996) IA 6 (1933–2026) OR 6 (1979–2026) NH 6 (2004–2015) UT 5 (1987–2023) DC 5 (1979–2023) ID 5 (2018–2025) NC 5 (1981–2009) MA 4 (1985–2010) IN 4 (1979–1993) SC 3 (1967–2014) OK 3 (1915–1973) LA 3 (1967–1971) HI 2 (1998–2015) NM 2 (2011–2021) OH 2 (1946–2011) AZ 2 (1936–2017) GA 2 (1934–1978) MO 2 (1997–2015) KY 2 (1959–1974) AK 2 (2008–2020) MS 2 (1966–1975) MI 2 (1950–1962)

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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