SUBSTITUTE OPINION: THE COURT'S PREVIOUS OPINION FILED JUNE 28, 2010, IS HEREBY WITHDRAWN. J. JONES, Justice. Jared and Tifani Wattenbarger appeal the district court's orders dismissing their case and awarding attorney fees to A.G. Edwards & Sons, Inc. and Gene Gillette (the respondents). We affirm the dismissal order, but reverse the fee award. I. Facts and Procedural History Tifani first sought financial planning services from A.G. Edwards in March of 1993 when she and her then...
J. JONES, Justice. Francisco Augustin Urrabazo appeals the sentence imposed by the district court. Because Urrabazo's appeal is untimely, we dismiss. I. Factual and Procedural History On August 8, 2005, Francisco Urrabazo pleaded guilty to statutory rape, felony battery on a police officer, and misdemeanor battery. The statutory rape charge was filed in a different case than the battery charges, but the two cases were considered together for the purposes of sentencing. On November 7, 2005,...
J. JONES, Justice. This is an appeal from a substantial jury verdict and judgment against appellants, arising out of a complicated real estate transaction. Pursuant to the final judgment, respondent Kuhn was awarded $896,531.70 in compensatory and punitive damages and respondents Schei were awarded $494,033.74. We affirm except for a portion of the attorney fee award. I. Factual and Procedural History Darren and Jacquie Kuhn and Roger and Francis Schei (Darren Kuhn and Roger and Francis...
EISMANN, Chief Justice. This is an appeal from a judgment terminating parental rights. The Department of Health and Welfare had obtained in a prior action a final child support order stating that the appellant was the father of the child. The Department later brought this action to terminate his parental rights on the ground that he was not the father of the child without seeking to set aside the prior order. Because there was no statutory basis for terminating appellant's parental rights,...
BURDICK, Justice. Appellant William Lynn Bennett was convicted of grand theft and sentenced to eight years, with one-and-a-half years fixed. The court imposed a concurrent sentence of the same duration for a persistent violator enhancement. This case concerns the element of ownership in a charge of theft pursuant to I.C. 18-2403(1) where a sale of goods is involved. We conclude that a seller of goods who has delivered the goods to the buyer, but has not yet been paid in full and does not...
SUBSTITUTE OPINION THE COURT'S PREVIOUS OPINION FILED JULY 28, 2010 IS HEREBY WITHDRAWN BURDICK, Justice. This case arises out of the purchase by Appellant Wesco Autobody Supply, Inc. (Wesco) of three auto body supply stores from Paint & Equipment Supply, Inc. (P & E) on August 1, 2005. The stores were located in Idaho Falls, Pocatello, and Twin Falls, Idaho (Idaho Stores). Respondents Holly Ernest (Ernest) and Tom Davis (Davis) were owners of Automotive Paint Warehouse (APW), a wholesale...
SUBMITTED ON THE BRIEFS HORTON, Justice. Mr. Filadelfo Funes (Funes) sustained an on-the-job injury in January 2005. Funes argued before the Idaho Industrial Commission (Industrial Commission or Commission) that his injuries resulted in either permanent total disability or a substantial permanent partial disability. The Industrial Commission found that Funes was not totally disabled but had suffered a 25% permanent partial disability. Funes appeals, arguing that the Industrial Commission...
W. JONES, Justice. I. NATURE OF THE CASE The Idaho Transportation Department ("ITD") granted permits to ConocoPhillips Company ("ConocoPhillips") to transport oversize loads of refinery equipment down U.S. Highway 12 in northern Idaho. The ITD and ConocoPhillips appeal the district court's decision to reverse these permits. II. FACTUAL AND PROCEDURAL BACKGROUND ConocoPhillips purchased two coke drums to replace worn out components at its refinery in Billings, Montana, and seeks to move them...
J. JONES, Justice. Jessy Benjamin Longest appeals his judgment of conviction for failing to register as a sex offender. We affirm. I. Factual and Procedural History In June of 2008, the State charged Jessy Longest with failure to register as a sex offender in violation of Idaho Code section 18-8309. Longest pleaded guilty to the offense pursuant to an oral plea agreement: DEFENSE COUNSEL: It's our position at this point that we are going to enter a guilty plea pursuant to a plea agreement...
HORTON, Justice. This case arises from the shocking murder of Cassie Jo Stoddart (Cassie Jo) by Brian Draper (Draper) and Torey Adamcik (Adamcik) in September 2006. The Stoddart family (the Stoddarts), together with the Contreras Family (the Contrerases) (in whose house Cassie Jo was murdered), (collectively "the Plaintiffs") brought this suit, advancing claims against the Pocatello School District (the School District) for wrongful death, negligent and/or intentional infliction of emotional...
EISMANN, Chief Justice. This is an appeal from the district court's decision on a petition for judicial review affirming an administrative order denying appellant's motion to dismiss the administrative proceedings instituted against him. Because there is no final order in the administrative proceedings, we vacate the decision of the district court and dismiss this appeal. I. FACTS AND PROCEDURAL HISTORY In 1990, the legislature enacted the Idaho Real Estate Appraisers Act, Idaho Code 54-...
SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED JANUARY 20, 2010 IS HEREBY WITHDRAWN. BURDICK, Justice. Dale Carter Shackelford appeals from his judgment of conviction, based upon jury verdicts finding him guilty of the first-degree murders of Donna Fontaine and Fred Palahniuk, conspiracy to commit first-degree murder, first-degree arson, conspiracy to commit first-degree arson, and preparing false evidence. He also appeals from his sentences of death for first-degree murder, as well as...
