J. JONES , Chief Justice . Larry Severson was convicted in 2004 of one count of first-degree murder and one count of poisoning food or medicine. Those convictions were upheld by the Court on direct appeal. In this post-conviction proceeding, Severson appeals the district court's summary dismissal on res judicata grounds of his claims of ineffective assistance of counsel for failing to object to allegedly improper statements made by the prosecutor in closing argument. The appeal was heard by...
HORTON , Justice . John Wickel appeals from the Bonneville County district court's grant of summary judgment dismissing his claims for medical malpractice against Dr. David Chamberlain. After the district court granted Dr. Chamberlain's motion for summary judgment, Wickel moved for reconsideration, which the district court denied. Wickel appealed and Dr. Chamberlain cross-appealed. This Court remanded the matter to the district court for entry of a final judgment conforming to the...
EISMANN , Justice . This is an appeal out of Kootenai County challenging the burglary statute on the grounds of equal protection and freedom of speech and challenging the admission into evidence of the defendant's prior shoplifting from the same national retailer as evidence that the defendant intended to commit a theft when he entered the store. We affirm the judgment of the district court. I. Factual Background. On May 6, 2014, Ryan Rawlings went into a Wal-Mart store to steal various...
EISMANN , Justice . This is an appeal from an order of the Industrial Commission holding that the claimant did not prove he was entitled to benefits under the Worker's Compensation Law for an alleged back injury. We affirm the order of the Commission. I. Factual Background. On March 18, 2013, Scott M. Chadwick ("Claimant") filed a complaint with the Industrial Commission seeking benefits under the Worker's Compensation Law from his employer, Multi-State Electric, LLC ("Employer"), and...
W. JONES , Justice . I. NATURE OF THE CASE A jury convicted Jorge Lopez-Orozco ("Defendant") of three counts of first degree murder. The district court imposed three concurrent determinate life sentences. Defendant appeals from the judgment of conviction based on two alleged evidentiary errors committed by the district court. First, Defendant argues the district court erred in finding that his brother was an unavailable witness at trial and permitting his brother's preliminary hearing...
HORTON , Justice . This is an appeal from the district court in Caribou County, which summarily dismissed Timothy Dunlap's successive petition for post-conviction relief. Dunlap raised several substantive claims for post-conviction relief. For each substantive claim, he advanced a corresponding claim of ineffective assistance of appellate counsel. We affirm the district court's summary dismissal of Dunlap's successive petition for post-conviction relief. I. FACTUAL AND PROCEDURAL...
HORTON , Justice . Sherman Storage, LLC (Sherman) brought this action against Global Signal Acquisitions II, LLC (Global) seeking to eject Global from a strip of land and seeking contract damages and mesne profits. Sherman appeals from the district court's judgment in Global's favor and its order that Sherman pay a substantial sum for Global's attorney fees. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND This dispute relates to a strip of land that is part of a cell tower site located...
W. JONES , Justice . I. NATURE OF THE CASE Appellant, the Greater Boise Auditorium District (the "District") filed a petition for judicial confirmation, pursuant to Idaho Code section 7-1304, asking the district court for a determination that a lease the District intended to enter into did not violate the Constitution's Article VIII, section 3 clause prohibiting a municipal body, without voter approval, from incurring indebtedness or liabilities greater than it has funds to pay for in the...
BURDICK , Justice . This is an appeal from the district court's denial, upon remand, of Appellant's Memorandum of Attorney Fees and Costs. Appellant argues that the district court erred in ruling that the court did not have jurisdiction to award fees and costs on remand. We agree with appellant and reverse. I. FACTUAL AND PROCEDURAL BACKGROUND In prior proceedings, this Court reversed the district court's judgment in favor of The Golf Club at Black Rock (Golf Club) and its award of costs...
BURDICK , Justice . This case concerns an appeal from the Kootenai County District Court's grant of summary judgment in favor of respondent City of Plummer on Martin and Lynn Hayes's premises liability claims. The district court ruled that Idaho's Recreational Use Statute, Idaho Code section 36-1604, provided limited liability protection because the City did not receive "compensation" or "charge" for the use of the land upon which Hayes was injured. We affirm. I. FACTUAL AND PROCEDURAL...
EISMANN , Justice . This is an appeal out of Idaho County from a judgment dismissing an action claiming that the Defendants misappropriated the Plaintiff's trade secrets in connection with the process to obtain solid waste disposal services within the county. We affirm the judgment of the district court. I. Factual Background. For many years, Idaho County had contracted for solid waste disposal services with Walco, Inc., (Walco) and Simmons Sanitation Service, Inc., (Simmons Sanitation),...
EISMANN , Justice . This is an appeal from the order of the Industrial Commission holding that the claimant failed to prove that he suffered a disability in excess of his impairment rating from his industrial accident. We affirm the order of the Industrial Commission. I. Factual Background. On November 13, 2004, when he was sixteen years old, Terence Fairchild (Claimant) was employed by Kentucky Fried Chicken (Employer) as a cook. While carrying garbage to a dumpster, he slipped on ice...
BURDICK , Justice . This is an appeal of the Industrial Commission's Decision and Order affirming the Department of Labor appeals examiner's finding that Kennedy's request for an appeals hearing was not timely. I. FACTUAL AND PROCEDURAL BACKGROUND On August 13, 2013, the Idaho Department of Labor (IDOL) mailed two Determinations of Overpayment and an Eligibility Determination (Determinations) to Mitchell Kennedy at the address he had provided when filing for unemployment benefits. The...
HORTON , Justice . The Payette County Board of Commissioners (the Commissioners) approved a conditional rezone of a parcel of land from agricultural to industrial, subject to a development agreement, in connection with a project to build a nuclear power plant. Various parties appealed the approval to the district court. The district court upheld the Commissioners' actions. H-Hook, LLC (H-Hook), a neighboring landowner, appeals from the district court's decision. We affirm. I. FACTUAL AND...
SUBSTITUTE OPINION: THE PREVIOUS OPINION ISSUED SEPTEMBER 10, 2015 IS HEREBY WITHDRAWN BURDICK , Justice . This case comes before this Court pursuant to a Writ of Mandamus. The Coeur d'Alene Tribe (Tribe) petitioned the Court for a Writ of Mandamus compelling the Secretary of State to certify Senate Bill 1011 (S.B. 1011) as law. The Tribe alleges that the Governor did not return his veto for S.B. 1011 within the five-day deadline under the Idaho Constitution. The Tribe argues that because...
BURDICK , Justice . This case comes to the Idaho Supreme Court as a certified question from the United States District Court for the District of Idaho. I. FACTUAL AND PROCEDURAL BACKGROUND The underlying case arose out of the claims of several men who joined Boy Scout troops when they were children and were allegedly sexually abused by their scout leaders. The Church of Jesus Christ of Latter Day Saints (LDS Church) sponsored some of the troops at issue in this case. On June 24, 2013,...
HORTON , Justice . This is an appeal from the district court sitting in its intermediate appellate capacity. The magistrate court presiding over the divorce of Jessica and Eric Kawamura concluded that the residence located at 1540 Gwen Drive in Pocatello was Eric's separate property. The district court reversed, holding that the magistrate court improperly considered parol evidence to reach its conclusion. We affirm the decision of the district court to the extent that it reversed the...
EISMANN , Justice . This is an appeal out of Twin Falls County from an order by the district court granting a new trial on charges of trafficking in methamphetamine on the ground that the State failed to offer evidence showing that one ounce equals twenty-eight grams or more. We reverse and remand for sentencing. I. Factual Background. Bryann Kristine Lemmons (Defendant) was found guilty by a jury of two counts of trafficking in methamphetamine by delivering methamphetamine and two...
SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED AUGUST 20, 2015 IS HEREBY WITHDRAWN. HORTON , Justice . This appeal from Custer County relates to proposed repairs and improvements to the City of Challis' (the City) water distribution system. In 2013, the City initiated a judicial confirmation proceeding seeking approval to incur $3.2 million in debt without a public vote. The Consent of the Governed Caucus (the Caucus) challenged the constitutionality of the City's request based upon...
HORTON , Justice . In a foreclosure action brought against BRN Development, Inc. (BRN), BRN brought a cross-claim against Taylor Engineering, Inc. (Taylor), asserting negligence. Following a court trial, the district court held that Taylor was not liable to BRN. BRN appeals from that decision. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND This case arises from the failed Black Rock North Development project undertaken by BRN in Coeur d'Alene. BRN was formed by Marshall Chesrown, who...
