THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Chief Judge . Travis William Coats appeals from the district court's judgment of conviction entered upon his conditional guilty plea to operating a motor vehicle while under the influence of an intoxicating substance. Specifically, Coats challenges the district court's denial of his motion to suppress the test results of a warrantless blood draw. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Coats rear-ended...
GRATTON , Chief Judge . The State appeals from the district court's judgment granting Cuc Phuoc Ho's petition for post-conviction relief. We reverse. I. FACTUAL AND PROCEDURAL BACKGROUND In 2004, Ho pled guilty to distribution of marijuana and possession of a controlled substance, both felonies. On October 4, 2004, the district court imposed a sixty-day sentence, withheld the judgment, and placed Ho on probation for seven years. On May 3, 2007, Ho filed a motion to set aside his guilty...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Praveen Khurana appeals from the district court's order granting AMCO Insurance Company's motion for summary judgment. He argues the district court erred when it: (1) found the phrase "coverage territory" in the AMCO policy to be unambiguous; (2) did not construe the facts of the case in his favor; and (3) declined to address his estoppel argument. He also argues that he is entitled to attorney fees on...
GUTIERREZ , Judge . Patricia J. Thompson appeals from the district court's order affirming the magistrate's denial of Patricia's motion for relief from judgment and granting Ronald L. Thompson's motion to dismiss and award of attorney fees. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Patricia and Ronald stipulated to a judgment and decree of divorce on July 23, 2013. The magistrate entered its judgment and decree of divorce on August 21, 2013. The...
GRATTON , Chief Judge . The Idaho Transportation Department (ITD) appeals from the district court's decision setting aside ITD's denial of Jesse Leroy Herrmann's request for an administrative license suspension hearing. ITD determined that Herrmann's request was untimely. We affirm the district court's determination that the request was timely. I. FACTUAL AND PROCEDURAL BACKGROUND Herrmann failed an evidentiary breath test on Sunday, December 6, 2015, and was arrested and charged with...
GRATTON , Chief Judge . Kenneth M. Workman appeals from the district court's order affirming the magistrate's decision to grant Christopher Rich's (Rich) motion to dismiss and the Idaho Department of Correction's (IDOC) motion for summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND In 2001, Workman drove his vehicle off Interstate 84 and into two pickups parked on the side of the road. At the time of the crash, Workman was under the influence of heroin, methamphetamine, and THC. The...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON , Judge . Charline J. Bobolack appeals from the district court's order, on intermediate appeal from the magistrate, affirming Bobolack's judgment of conviction for disturbing the peace. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE An officer was dispatched to a bowling alley parking lot in response to a report that Bobolack and another woman were yelling at each other from across the street....