Donald Paradis v. A.J. Arave, Warden, Idaho State Penitentiray, et al.

Donald Paradis, a state prisoner, appeals from the district court's denial of his petition for a writ of habeas corpus.

Paradis seeks review of his conviction on the following grounds:

One. The evidence was insufficient to demonstrate that Kimberly Palmer was killed in the state of Idaho.

Two. The state failed to preserve exculpatory evidence.
... More...    $0 (01-24-1992 - ID)

Boise, Idaho civil rights lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming $9.999 million in damages... More...    $0 (04-09-2003 - ID)

Pocatello, Idaho civil rights lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983.

Christopher Conley Tapp claimed that he was coerced into confessing to being involved in the rape and murder of Angie Doge, age 18, on June 13, 1996, and as a direct result he was wrongfully convicted and incarcerated from 1998 to 2019.

01/27/2... More...    $0 (07-18-2022 - ID)

Early in the morning of June 13, 1996, Angie Dodge was raped and stabbed to death in her apartment in Idaho Falls. On January 7, 1997, twenty-year-old Christopher Tapp voluntarily submitted to police questioning about this crime at the Law Enforcement Building (LEB) in Idaho Falls. Tapp again voluntarily went to the LEB for questioning on January 10. After this interview, Tapp's parents retained p... More...    $0 (03-31-2010 - ID)

Christopher C. Tapp appeals from his conviction for first degree murder and rape. Tapp argues that the district court erred by not suppressing the statements he made in a series of police interviews. In the alternative, he contends the sentences imposed are excessive.

        I.

        FACTS AND PROCEDURAL HISTORY

        Early in the mornin... More...    $0 (07-20-2001 - ID)

Boise, ID - Craig Eastop sued Shawn Bennion, in his official capacity as a member of the Board of Trustees of the Blaine County School District, in his official capacity as a member of the Board of Trustees of the Blaine County School District , in her official capacity as a member of the Board of Trustees of the Blaine County School District, Rob Clayton, Kelly Green, Ellen Mandeville, in her off... More...    $0 (05-12-2020 - ID)

Boise, ID - Kendra Kenyon and Sara E. Scott sued C.L. "Butch" Otter, Severina Sam Haws, Carey Spears, David Pankey, Lorraine Elfering, David Maestas, Sharon Strum, Coleen Erickson, Victor Watson, Brad Little with the Idaho Commission on Aging on civil rights violation theories pursuant to 42 U.S.C. 1983... More...    $0 (03-01-2018 - ID)

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa... More...    $0 (01-09-2018 - ID)

Boise, ID - Andante Lamont-Goldsby sued Amanda Kaschmitter on a prisoner civil rights theory under 42 U.S.C. 1983 claiming to have had his civil rights violated by Kaschmitter.

... More...    $0 (04-06-2016 - ID)

Boise, ID - Michael Lance Davis sued Christopher McCormick, Canyon County deputy sheriff, on a civil rights violation theory under 42 U.S.C. 1983.

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Date Filed # Docket Text
07/13/2016 81 AMENDED Witness List (sealed) by Christopher McCormick. (Kane, Michael) Modified on 7/14/2016 to reflect amended (cjs).
07/13/2016 82 Exhibit List (Third Amended) by Christopher M... More...    $0 (08-05-2016 - ID)

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...    $0 (10-15-2015 - ID)

On September 17, 2011, Martin Hayes (Hayes)1 was seriously injured after stumbling on uneven ground hidden by grass while attending his grandson’s Pop Warner football game at the Plummer School Park (Park), which is owned by the City of Plummer (City). Hayes did not pay any fee or admission to enter the Park.2 Hayes filed a premises liability claim against the City for his injuries.3 In turn, the ... More...    $0 (10-05-2015 - ID)

Mora pled guilty and was convicted of rape in August 2012. No appeal was filed. Mora filed an Idaho Criminal Rule 35 motion, which was denied by the district court. Again, no appeal was filed. Mora subsequently filed a petition for post-conviction relief, alleging his trial counsel was ineffective for failing to file an appeal when requested, failing to properly investigate the case, failing t... More...    $0 (10-02-2015 - ID)

The basic facts in this case are undisputed. A uniformed officer was dispatched around 1:30 a.m. to a bar in response to a call reporting a fight. The officer saw Kelly sitting on the sidewalk in handcuffs. The officer had the handcuffs removed and questioned Kelly. The officer determined that Kelly was intoxicated and needed to go home. One of his friends, who was sober, offered to drive Kel... More...    $0 (09-30-2015 - ID)

Williston was arrested for felony domestic battery and attempted strangulation after his wife reported that he had slapped her, kicked her in the face, and choked her after a night of drinking. The victim suffered injuries consistent with her allegations, including significant throat trauma consistent with being choked. Pursuant to a plea agreement, Williston pled guilty to attempted strangulati... More...    $0 (09-29-2015 - ID)

A police officer was assisting probation officers with the search of a probationer’s residence, where Rozajewski had recently begun renting a bedroom from the probationer. The probationer, the probationer’s girlfriend, Rozajewski, and Rozajewski’s friend were present at the residence at the time of the search. Upon entering the residence, the officers found various items of paraphernalia and sma... More...    $0 (09-29-2015 - ID)

In 2005, the State and Villavicencio entered into a binding plea agreement governing two separate cases. It called for Villavicencio to plead guilty to two charges of possession of methamphetamine, Idaho Code § 37-2732(c)(1). As to the sentences, the parties agreed: (1) that Villavicencio would receive prison sentences of “one and a half (1-1/2) years determinate followed by three and a half (3-... More...    $0 (09-17-2015 - ID)

Kerry Allen Howell appeals from his judgment of conviction for burglary, entered upon his conditional guilty plea. Specifically, Howell argues that the district court erred in denying his motion to suppress because he was illegally seized. For the reasons set forth below, we affirm. At 7:00 a.m., two officers were dispatched to a residential cul-de-sac to investigate an anonymous report of two ... More...    $0 (09-16-2015 - ID)

While working on an undercover sting operation in a local bar, two officers, Detective Hight and Officer Mattingley, made video-recorded arrangements to purchase psilocybin mushrooms from Shawn Kendle. Kendle indicated to the officers that he had a source for the
2
mushrooms and that his source was in the bar. Kendle then approached Smith and spoke with her for several minutes. Smith... More...    $0 (09-16-2015 - ID)

Stephen Phillip Rozajewski appeals from his judgment of conviction for unlawful possession of a firearm. Specifically, he challenges the district court’s denial of his motion to suppress. For the reasons set forth below, we affirm. A police officer was assisting probation officers with the search of a probationer’s residence, where Rozajewski had recently begun renting a bedroom from the probati... More...    $0 (09-16-2015 - ID)

The victim entered a psychiatric hospital on January 30, 2009, and David Aaron Knutsen (Defendant), who was thirty-one years old, was already at the facility. The victim, who was a twenty-two-year-old woman with a full-scale IQ of 72, had been admitted to the hospital because
2
she was depressed and suicidal. Defendant had checked himself into the hospital for thirty-six hours to have... More...    $0 (08-24-2015 - ID)

The City maintains a drinking water distribution system. In December of 2011, the City commissioned the services of Riedesel Engineering to determine the present and future adequacy of the system with respect to laws and standards of the local fire authority, the Idaho Department of Environmental Quality (DEQ), and the United States Environmental Protection Agency.
2
Riedesel Engineerin... More...    $0 (08-20-2015 - ID)

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...    $0 (08-12-2015 - ID)

As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 “in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). “The Act divides gaming on Indian lands into three classes—I, II, and III—and provides a different... More...    $0 (07-25-2015 - ID)

The Coeur d’Alene Tribe (“Tribe”) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Hold’em (“Hold’em”) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (“Compact”). We affirm because the Indian
Gaming Regulatory Act (“IGRA”) severed tribal immun... More...    $0 (07-22-2015 - ID)

HJ Grathol (“Grathol�) appeals the Kootenai County district court’s judgment awarding Grathol $675,000 in just compensation from the Idaho Transportation Department (“ITD�). This eminent domain case arose when ITD acted to condemn 16.314 acres to improve U.S. Highway 95 (“U.S. 95�). Those 16.314 acres were part of 56.8 acres that Grathol owned in Athol, Idaho.
2
After a bench... More...    $0 (02-11-2015 - ID)

This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statutory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.
I.
Factual Background.
Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They l... More...    $0 (02-26-2015 - ID)

Dennis Raymond Heilman appeals from the summary dismissal of his successive petition for post-conviction relief. For the reasons set forth below, we affirm.
I.
FACTS AND PROCEDURE
In 2006, Heilman was found guilty by a jury of rape, aggravated assault, false imprisonment, and unlawful entry. Heilman filed an appeal, which was dismissed due to his counsel filing the notice of appeal fou... More...    $0 (01-13-2015 - ID)

Michael L. Brown appeals from the judgment of the district court dismissing his appeal as untimely. For the reasons that follow, we vacate and remand.
I.
FACTS AND PROCEDURE
This appeal arises out of a divorce proceeding begun by Heather G. Brown (Heather) against Michael. On June 13, 2013, a magistrate signed a divorce decree, and the clerk of the district court file stamped the decre... More...    $0 (10-31-2014 - ID)

This appeal arises out of the Snake River Basin Adjudication (SRBA) court’s decision on the following basin-wide issue: Does Idaho law require a remark authorizing storage rights to “refill,â€� under priority, space vacated for flood control? The SRBA court concluded that a remark was not necessary because a storage water right that is filled cannot refill under priority before affected junior... More...    $0 (08-04-2014 - ID)

Camp Easton Forever, Inc., (“CEFâ€�) and Daniel and Matthew Edwards (collectively “the Edwardsesâ€�) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWCâ€�). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...    $0 (08-15-2014 - ID)

Jami and Ryan Conner appeal the district court’s grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners allege that Jami unexpectedly became pregnant due to Dr. Bryan Hodges’ negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by the two-year s... More...    $0 (08-22-2014 - id)

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...    $0 (02-07-2014 - ID)

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...    $0 (02-07-2014 - ID)

This appeal arises from a Nez Perce County district court’s finding that Bret and Eddieka Christensen’s building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic,... More...    $0 (02-10-2014 - ID)

An early-morning shooting, a mysterious alias, and a
problematic eyewitness identification led police to the home
of Martin Cantu Ruiz, where they found a gun he wasn’t
supposed to have. Ruiz appeals his conviction for Unlawful
Possession of a Firearm in violation of 18 U.S.C. § 922(g)(1),
contending that the district court erred by denying his motion
to suppress a shotg... More...    $0 (07-11-2014 - ID)

George Alan Kapelle appeals from his judgment of conviction for manufacturing marijuana and unlawful possession of a firearm. Specifically, he argues the district court erred in denying his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In July 2011, officers received a confidential tip that a wanted felon was hiding in an abandoned trai... More...    $0 (05-07-2014 - ID)