Mountain Home, Idaho criminal defense lawyer represented the Defendant charged with second-degree murder.

niel Ruiz Ortiz appeals from his convictions for second-degree murder and a violation of a no contact order, alleging that the district court erred when it denied his motion to suppress evidence discovered during a warrantless search of his home and during a subsequent search conducte... More...    $0 (01-08-2025 - ID)

Boise, Idaho insurance law lawyer represented the Plaintiff who sued the Defendants on bad faith breach of an insurance contract.

This case was filed in the Ada County District Court, 01-00020-15920, and was removed to federal court by the Defendants.

"Idaho law recognizes a common law tort of bad faith breach of an insurance contract. This tort arises from the insurer's duty to ... More...    $1 (10-20-2023 - ID)

Boise, Idaho criminal defense lawyer represented Defendant charged with interstate stalking.

Between October 7 and December 24, 2020, Joel Waters, age 44, traveled between Oregon and Idaho to harass and intimidate the victim who was residing in Boise. Waters took dogs from the victim’s home and car, slashed the tires on the victim’s vehicle, set fire to the victim’s residence in O... More...    $0 (08-25-2023 - 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)

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)

This is a parental rights termination and adoption case. John Doe I (“Father”) is incarcerated. The magistrate court held that it was in the best interest of Jane Doe III (“Child”) that Father’s rights be terminated so that John Doe II (“Stepfather”) may adopt her. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Jane Doe II (“Mother”) and Father are the natural parents of Child. Mother and... More...    $0 (05-31-2017 - ID)

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 served as CEO, to develop a high-end 325-unit residential and golf course community on the west side of Lake Coeur d’Alene. The project was known as Black Rock North. American Bank was the lender for this project. The project required that BRN obtain ... 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)

I. Factual Background.
On December 7, 2011, an information was filed charging Marvin Orellana-Castro with unlawful sexual contact with his two stepdaughters. He was charged with two counts of lewd conduct and two counts of sexual abuse regarding the older girl, who was thirteen and fourteen years old at the time of the alleged crimes, and he was charged with two counts of sexual abuse... More...    $0 (08-09-2015 - ID)

On August 2, 2012, Kenny Carl Struhs was invited to the home of a friend for a barbecue in Blackfoot. Struhs had five or six beers before arriving at the barbecue and had five to seven more once there. Later, Struhs was involved in a confrontation and left in his vehicle. He entered an intersection without observing a stop sign and collided with a motorcycle driven by Brent Hansen, with Brent’s si... More...    $0 (08-03-2015 - Id)

On October 7, 2008, Eliasen was charged with one count of second degree stalking under Idaho Code section 18-7906. The victim was a Pocatello police officer’s wife. On Friday, September 26, 2008, the victim left her home with her three-year-old daughter to run errands, including dropping off a donation at the Pocatello Goodwill store and stopping at Fred Meyer. As the victim pulled out of her driv... More...    $0 (07-29-2015 - ID)

On December 7, 2011, an information was filed charging Marvin Orellana-Castro with unlawful sexual contact with his two stepdaughters. He was charged with two counts of lewd conduct and two counts of sexual abuse regarding the older girl, who was thirteen and fourteen years old at the time of the alleged crimes, and he was charged with two counts of sexual abuse
2
with respect to the yo... More...    $0 (07-28-2015 - ID)

Kristi Hurles pleaded guilty to grand theft for embezzling from her employer, was sentenced to fourteen years with two years fixed, and was ordered to pay $204,174.61 in restitution. Hurles appealed, challenging the restitution order in a number of respects. The Court of Appeals initially considered the appeal, reversing the restitution order in part, affirming in part, and remanding the case to t... More...    $0 (05-21-2015 - Id)

This case was brought before the magistrate court as a request for modification of the child custody arrangement of the parties’ four children, in which Hilary Firmage sought sole custody and permission to relocate. The parties orally stipulated to resolve the custody matter in favor of the future recommendations that would result from a child custody evaluation that was ongoing at that time. Wh... More...    $0 (02-26-2015 - ID)

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.
I. NATURE OF THE CASE
This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Z... More...    $0 (10-29-2014 - ID)

Su Warren sought worker’s compensation benefits from her employer, Williams & Parsons, PC, CPAS (Williams & Parsons), and Idaho State Insurance Fund (ISIF), for injuries received on January 23, 2007, during the course of her employment. The Idaho Industrial Commission (the Commission) concluded that Warren had a permanent partial impairment (PPI) of five percent of the whole person and was entit... More...    $0 (11-06-2014 - ID)

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...    $0 (10-07-2014 - ID)

Mark Van appeals an adverse jury verdict on his claim against Portneuf Medical Center (PMC) for an alleged violation of the Idaho Protection of Public Employees Act, Idaho Code sections 6-2101−2109 (the “Whistleblower Actâ€�). The jury determined that Van engaged in activity protected by the Whistleblower Act but that the termination of his employment did not result from the protected activity... More...    $0 (08-01-2014 - ID)

This is an appeal out of Twin Falls County from a judgment dismissing a petition to terminate the parental rights of the biological father of two children and to permit the children’s stepfather to adopt them. The magistrate court dismissed the action on the ground that the petitioners had failed to prove that termination of the father’s parental rights would be in the best interests of the ch... More...    $0 (08-22-2014 - 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)

This is an appeal from a negligence action brought pursuant to the Federal Employer’s Liability Act by appellant, Craig L. Mulford. Below, a jury found that respondent, Union Pacific Railroad (UP), was not negligent and Mulford’s claims against UP were dismissed. Mulford timely appealed. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 2009, Mulford, a machinist employed ... More...    $0 (02-10-2014 - ID)

This appeal arises from Internet Auto Rent & Sales, Inc.’s, termination of an employee, Tina Venable. Venable appeals the district court’s grant of summary judgment against her on her claim of wrongful discharge in violation of public policy and denial of her motion for reconsideration. Both Venable and Internet Auto request attorney fees on appeal.
I.
BACKGROUND
Internet Auto Rent... More...    $0 (06-17-2014 - ID)

This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emotional distress. We ... More...    $0 (02-07-2014 - ID)

This appeal arises from litigation involving a motor vehicle accident in Oneida County. Passenger Trevor Taft was injured when driver Derek Gummersall, the son of Clay Gummersall, lost control of a 1988 Ford Ranger. At the time of the accident, Clay was an employee of Jumbo Foods, Inc., in whose name the vehicle was titled. David, Wendy, and Trevor Taft (“the Taftsâ€�) sued Jumbo Foods under the... More...    $0 (11-26-2013 - ID)

This appeal arises out of a divorce and custody dispute between Christopher Hopper and Suzanne Swinnerton. In 2005, Christopher filed suit on his own behalf, as well as that of his son and parents, against his wife, Suzanne, her parents, her Montana attorney, and other individuals, alleging a variety of claims sounding in tort. The district court dismissed all claims on summary judgment. Christoph... More...    $0 (11-26-2013 - ID)

Plaintiff, Wade Frogley (“Frogley�), appeals the district court’s grant of summary judgment in favor of Meridian Joint School District No. 2 (“Meridian School District�), Aaron Maybon, and Linda Clark (collectively “Respondents�) on Frogley’s complaint of retaliation in violation of Title VII of the Civil Rights Act and the Idaho Human Rights Act.

Frogley also appeals the d... More...    $0 (11-27-2013 - ID)

This appeal arises from a medical malpractice claim brought against a physician’s assistant, two supervising physicians, and Rocky Mountain Emergency Physicians, L.L.C. (collectively Rocky Mountain). Heather Hall presented at the emergency room complaining of headache, blurry vision, and sensitivity to light. Jeff Johnson, a physician’s assistant, examined Hall. As part of his examination, he ... More...    $0 (09-06-2013 - ID)

Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the Universityâ€�). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she sued the Uni... More...    $0 (09-06-2013 - ID)

Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the Universityâ€�). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she sued the Uni... More...    $0 (09-06-2013 - ID)

Katherine Harris sought workers’ compensation benefits after falling and injuring herself at work in January of 2008. Following a hearing, the Idaho Industrial Commission decided that Harris was not entitled to disability or medical benefits after February 19, 2008. Harris appealed to this Court. We affirm.

I.

THE FACTUAL RECORD

Harris was a school bus driver for the Indepen... More...    $0 (05-24-2013 - ID)

This case comes before this Court on an appeal from a magistrate court’s determination on custody and visitation of minor children in a divorce proceeding. In a memorandum decision, the magistrate court awarded the parties joint legal custody of the children, with primary physical custody awarded to the mother. The father, Russell Peterson (Russell), alleges on appeal that the magistrate court a... More...    $0 (07-17-2012 - ID)

custody of the children, with primary physical custody awarded to the mother. The father, Russell Peterson (Russell), alleges on appeal that the magistrate court abused its discretion by awarding unequal visitation time to the mother, Laura Peterson (Laura), and by allowing the mother to move to Utah with the children. We affirm the decision of the magistrate court.

I. FACTUAL AND PROCEDURA... More...    $0 (08-01-2012 - ID)

This is an appeal from the denial of attorney fees under Idaho Code section 41-1839 on the ground that the insured’s proof of loss was insufficient under the statute because it did not provide the insurer with the legal theory upon which coverage was later determined to exist. We vacate the judgment because a proof of loss need not include an analysis of the proper theory of coverage under the i... More...    $0 (05-29-2012 - ID)

Jose and Nayeli Carrillo, father and daughter, sued Boise Tire Co. (Boise Tire), alleging that Boise Tire improperly performed a tire rotation on their vehicle and that as a result, the Carrillos and Marisela Lycan, Jose’s partner and Nayeli’s mother, were in a motor vehicle accident. Marisela was killed, Jose was injured, and eighteen-month old Nayeli underwent testing that revealed no physic... More...    $0 (04-13-2012 - ID)

Joshua Robert Markwood appeals from the district court’s affirmance of a post-divorce custody order which allowed his ex-wife, Amber Markwood, to retain primary physical custody of their children after she moved from Moscow, Idaho to The Dalles, Oregon.

I.

BACKGROUND

Joshua and Amber were divorced on September 25, 2009, after approximately six years of marriage. During the m... More...    $0 (04-17-2012 - ID)

This case stems from Dr. John F. Noak’s dismissal as the medical director for Prison Health Services, Inc. (PHS), which provided medical services for the Idaho Department of Correction (IDOC) under a contract. Noak appeals from the district court’s grant of summary judgment in favor of IDOC and Richard D. Haas, an IDOC employee, on claims of breach of an implied covenant of good faith, intenti... More...    $0 (01-06-2012 - id)

This is an appeal from a summary judgment dismissing Virginia Beaudoin’s breach of fiduciary duty claim against Davidson Trust Company, which stemmed from Davidson Trust’s mistaken distribution of trust funds to Beaudoin when Beaudoin’s two children were, in fact, the designated beneficiaries. Because we find that Davidson Trust owed Beaudoin no fiduciary duty at the time of the alleged brea... More...    $0 (11-01-2011 - ID)

Jane Doe, individually and on behalf of her daughter, a minor, sued Ryan VanHook on a sexual assault and battery and intentional infliction of emotional distress theories and Project PATCH on a negligence theory claiming that VanHook groomed her 15-year-old daughter for a sexual relationship and took her to Boise for two weeks of illicit sex before abandoning her.

VanHook was charged, conv... More...    $2300000 (09-16-2011 - ID)

Lesia Knowlton appeals the Industrial Commission’s determination that she is not entitled to workers’ compensation benefits because she failed to demonstrate that her medical symptoms were causally related to an accident that occurred during the course of her employment. We affirm.

I.

Factual and Procedural Background

During all times relevant to this appeal, Lesia Knowlto... More...    $0 (06-26-2011 - ID)

Randy Hoffer challenges the district court’s dismissal of three of his five tort claims against the City of Boise (the City). The district court dismissed Hoffer’s claims of tortious interference with contract and defamation against the City because it held as a matter of law that under the Idaho Tort Claims Act (ITCA) and this Court’s holding in Sprague v. City of Burley, 109 Idaho 656, 710... More...    $0 (07-11-2011 - ID)