This writ is also called a "writ of covenant" and is sued out bythe party to whom ...
Idaho Supreme Court Court Cases
State v. Oliver (2007)
The Defendant appeals his felony conviction of driving while under the influence and his sentence of five years in the custody of the board of correction, with one year fixed. He contends there was insufficient evidence to support the jury's verdict of guilty and that his sentence constitutes an abuse of discretion. We affirm both the conviction and the sentence.
Court: Idaho Supreme Court Docket: 33899
State v. Huffman (2007)While on parole from 1997 robbery and grand theft convictions, Huffman absconded. He then attempted to rob one bank in Twin Falls and successfully robbed another before leaving Idaho for Nevada. Huffman was charged with burglary, I.C. § 18-1401, and grand theft, I.C. §§ 18-2403, 18-2407. He pled guilty to these charges, and on November 8, 2004, the district judge sentenced him to a unified term of ten years with six years fixed for the burglary concurrent with a unified fourteen year term [...]
Court: Idaho Supreme Court Docket: 33015
State v. Knighton (2006)
Knighton was charged with three counts of lewd conduct with a minor under sixteen, a violation of I.C. § 18-1508. He entered into a written plea agreement with the State and pled guilty to one count of lewd conduct with a minor under sixteen. In return the State dismissed two counts of lewd conduct, agreed not to pursue other charges and agreed to recommend a sentence consistent with the suggestion of the presentence investigator.
Court: Idaho Supreme Court Docket: 31611
State v. Hedger (1989)
Defendant Marvin D. Hedger (Hedger) appeals from a conviction of rape, second degree kidnapping, aggravated battery and robbery. He seeks either reversal and a new trial due to prejudicial error at trial or sentence reduction. We affirm the conviction and sentence.
Court: Idaho Supreme Court Docket: 17239
State v. Brown (1992)This is a criminal case. In affirming convictions and sentences for rape, robbery, and aggravated battery we hold that the trial court did not abuse its discretion by (1) refusing to allow the withdrawal of the defendant's guilty pleas, (2) considering the defendant's juvenile records at the sentencing hearing, (3) admitting into evidence at the sentencing hearing the defendant's death threat list and letters by the defendant describing other violent crimes, (4) not disqualifying himself upon [...]
Court: Idaho Supreme Court Docket: 18442
Aragon v. State (1988)
Appellant Mark Aragon was convicted of first degree murder and sentenced to death. On appeal he argues that the district court erred in denying his post-conviction petition in that he was denied effective assistance of counsel, and also because he was denied the constitutional right to testify. We affirm.
Court: Idaho Supreme Court Docket: 16742
State v. Perry (2010)Appellant Joseph E. Perry was convicted of two counts of sexual battery of a child under the age of sixteen, for acts against T.P., and two counts of misdemeanor battery for acts against H.P. Perry asks us to reverse his conviction based on several alleged errors committed during trial, including the exclusion of I.R.E. 412 evidence offered to impeach T.P.'s allegations against Perry, the exclusion of I.R.E. 613 evidence offered to impeach the foster mother's testimony, and various acts of [...]
Court: Idaho Supreme Court Docket: 34846
Rhoades v. State (2009)
Petitioner Paul Ezra Rhoades appeals the district court's summary dismissal of his petition for post-conviction relief. He argues that the district court erred in finding that his claims are time-barred under I.C. § 19-4902.
Court: Idaho Supreme Court Docket: 35021
State v. Valdez-Molina (1995)This is a cocaine possession and trafficking case. The issues presented concern standing to raise entrapment as a matter of law in violation of due process, submitting Miranda rights issues to a jury, and sentencing under an unconstitutional mandatory minimum sentencing statute. We reach three conclusions: (1) the defendants did not have standing to raise the entrapment issue; (2) any error in the submission of the Miranda rights issue to the jury was harmless error; and (3) the sentences must [...]
Court: Idaho Supreme Court Docket: 20595
3. The trial court did not abuse its discretion in awarding attorney fees against the plaintiffs pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) on the grounds that the case was brought and pursued by the plaintiffs frivolously, unreasonably, and without foundation.
Court: Idaho Supreme Court Docket: 17434, 17435
DeRushé v. State (2009)This is an appeal from the dismissal of an application for post-conviction relief. We hold that the district court erred in dismissing the claim that the applicant had been denied the right to testify in his own behalf during the underlying criminal trial. We also hold that an applicant cannot challenge for the first time on appeal the sufficiency of the grounds stated in connection with the State's motion for summary disposition. We remand for further consideration of the claim that the [...]
Court: Idaho Supreme Court Docket: 35116
State v. Urrabazo (2010)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, the district court sentenced Urrabazo to a unified sentence of ten years with three years fixed for statutory rape and a concurrent unified sentence of five years with three fixed for the [...]
Court: Idaho Supreme Court Docket: 33459, 33460
Stuart v. State (1990)The appellant, Gene Francis Stuart, appeals the district court's denial of his petition for post conviction relief. Stuart was convicted of first degree murder by torture of three-year-old Robert Miller, committed on September 19, 1981. He was sentenced to death. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Stuart, 110 Idaho 163, 715 P.2d 833 (1985). In June, 1986, Stuart filed a petition for post conviction relief with the district court. The petition [...]
Court: Idaho Supreme Court Docket: 17014
State v. Payne (2008)
Darrell Payne appeals his conviction of first-degree murder, first-degree kidnapping, robbery, and rape, and his sentence of death for first-degree murder. He also appeals the summary dismissal of all but one of his claims for post-conviction relief. The State cross-appeals the district court's order setting aside Payne's death sentence on post-conviction relief. We affirm Payne's conviction, but vacate his sentence on post-conviction and remand to the district court for resentencing.
Court: Idaho Supreme Court Docket: 28589, 32389
State v. Nice (1982)
The defendant, William Nice, was charged with lewd and lascivious conduct with a minor under the age of sixteen years in violation of I.C. § 18-6607. The defendant pleaded guilty and was sentenced on April 28, 1980, to the Idaho State Penitentiary for an indeterminate term not to exceed ten years. The only issue raised by the defendant on appeal is whether this sentence was excessive.
Court: Idaho Supreme Court Docket: 13758
State v. Hood (1981)
The defendant appeals from a sentence of ten years for aggravated assault on a law enforcement officer. The assault occurred in conjunction with an escape from the Payette County jail in which the defendant and two other inmates threatened a deputy sheriff with the sharpened handle of a spoon and locked him in a cell and escaped from the jail.
Court: Idaho Supreme Court Docket: 13855
Ridgley v. State (2010)
This is an appeal from the district court's summary dismissal of a petition for post-conviction relief. The Idaho Court of Appeals reversed the district court's dismissal in part and this Court granted the State's petition for review. We affirm the district court's order of dismissal.
Court: Idaho Supreme Court Docket: 35823
Dunlap v. State (2004)The appellant, Timothy A. Dunlap (Dunlap), appeals the district court's order denying his petition for post-conviction relief involving his guilty plea to first-degree murder. The district court denied post-conviction relief and found that Dunlap received effective assistance of counsel. Dunlap appeals, asking this Court to reverse the district court and grant him post-conviction relief. Dunlap raises several issues, including ineffective assistance of counsel, unconscionable plea agreement, [...]
Court: Idaho Supreme Court Docket: 28269
Charboneau v. State (2004)Appellant, Jaimi D. Charboneau, filed a third petition for post conviction relief (Petition), along with several accompanying motions, subpoenas, memoranda and affidavits, seeking post conviction relief from his first degree murder conviction. Upon a motion by the State for summary disposition of the Petition, the district court dismissed the Petition without further hearing. The judgment of the district court dismissing the Petition is reversed and the case remanded to the trial court for [...]
Court: Idaho Supreme Court Docket: 29042
State v. Zichko (1996)
John Zichko appeals from a district court judgment of conviction and sentence entered upon a jury verdict finding him guilty of failing to register with the Kootenai County Sheriff's Office pursuant to section 18-8304 of the Idaho Code, the Sex Offender Registration Act.
Court: Idaho Supreme Court Docket: 21815