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)

This is an appeal from the district court’s order granting summary judgment and dismissing Geralyn Gallagher’s (Gallagher) lawsuit against the Best Western Cottontree Inn (the Hotel) and Snake River Peterson Properties LLC (Snake River). The district court held that the amended complaint did not relate back to the date of the original filing and that the statute of limitations was not tolled by Sn... More...    $0 (01-19-2017 - ID)

EISMANN, Justice.
This is an appeal out of Shoshone County from a judgment: (a) denying recovery on an alleged oral promise to grant the Plaintiffs a right of first refusal with respect to a parcel of real property they were leasing, (b) denying recovery on an alleged oral promise to purchase the Plaintiffs’ buildings that were located on that property, and (c) finding that the Plaintiffs were... More...    $0 (02-24-2017 - 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)

Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after concluding that she had failed to present sufficient evidence of causation. The district court also denied Sales’ motion for reconsideration based on the ground that she had not adeq... More...    $0 (09-19-2014 - 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)

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...    $0 (08-27-2014 - 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)

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea... More...    $0 (02-11-2014 - ID)

This appeal arises from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against Kenneth Rammell (Rammell), the estate of Christa Beguesse (Christa), and Christa Beguesse, Inc. (CBI) (collectively Defendants) and a breach of contract counterclaim brought by CBI against ABI. The parties went to trial and the jury returned
2
a verdict in favor ... More...    $0 (06-18-2014 - ID)

This appeal arises out of a worker’s compensation case in which Michael Vawter sought compensation from his employer, United Parcel Service (UPS), for a back injury he claims he suffered as a result of his employment. In turn, UPS attempted to establish that Vawter did not suffer a compensable injury, but if he did the State of Idaho’s Industrial Special Indemnity Fund (ISIF) is liable for a p... 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 is an appeal from a judgment dismissing a petition filed by the maternal grandmother of a child born out of wedlock in which the grandmother sought to terminate the parental rights of the biological father and to adopt the child. After the magistrate court entered an order granting the petition, the biological father intervened and successfully moved to set aside the order. The grandmother’... More...    $0 (12-18-2013 - ID)

This is an appeal out of Bannock County from a summary judgment dismissing an action to enforce an oral agreement to guaranty the debt of another on the ground that the agreement is barred by the statute of frauds. We affirm the judgment of the district court.

I.

Factual Background.

In January 2009, Lesa Darlene Horrocks was one of the owners of Sunshine Secretarial Serv... More...    $0 (03-29-2013 - ID)

This is an appeal from a district court order dismissing Appellants’, Robby and Kim Mowrey (“the Mowreysâ€�), negligence action against Respondent, Chevron Pipe Line Co. (“Chevronâ€�). The district court, on July 13, 2011, ruled that because the Mowreys failed to disclose this claim as an asset in their Chapter 7 bankruptcy proceeding, they were judicially estopped from pursuing this claim a... More...    $0 (12-06-2013 - ID)

This is an appeal from a judgment holding that two deeds executed by Donald Steuerer in favor of N.E.M. Richards were not intended as absolute conveyances, but instead were intended as mortgages to secure loans made by Richards to Steuerer.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Steuerer purchased two lots in the City of Shoshone (the Property) in December of 1987 for $3,000. In... More...    $0 (10-02-2013 - ID)

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...    $0 (01-29-2013 - ID)

This is an appeal from a district court order dismissing Plaintiff-Appellant (Jerry Doherty) as a party in a medical malpractice action against Respondents (Dr. Gordon E. Dixon and Blackfoot Medical Clinic). The judgment was certified under Rule 54(b) of the Idaho Rules of Civil Procedure on November 24, 2010. The district court, on September 16, 2010, ruled that because Doherty failed to disclose... More...    $0 (02-01-2013 - ID)

This is an appeal from the district court’s grant of summary judgment in favor of Buku Properties, LLC. Buku initiated this lawsuit to recover earnest money deposits from Raoel and Janet Clark and Jerry and Betty Peterson (collectively “Appellants�), after two codependent land sale contracts involving Buku and Appellants failed to close. We affirm.

I.

FACTUAL AND PROCEDURAL HIS... More...    $0 (12-21-2012 - ID)

Appellant, Habib Sadid, a former tenured professor of civil engineering at Idaho State University, appeals the Industrial Commission’s Order reversing the Department of Labor Appeals Examiner’s grant of unemployment benefits to Sadid after Sadid was terminated by Idaho State University.

II. FACTUAL AND PROCEDURAL BACKGROUND

Professor Habib Sadid was a tenured professor of civil e... More...    $0 (01-24-2013 - ID)

This appeal arises from a declaratory judgment action brought by Farm Bureau Mutual Insurance Company of Idaho (Farm Bureau). Farm Bureau commenced the action in response to a claim for insurance benefits filed by the personal representatives of the estate of a deceased policyholder (the Estate). Farm Bureau requested a judgment declaring that the Estate is not an “insuredâ€� under the decedentâ... More...    $0 (09-19-2012 - ID)

This case comes before this Court from the district court’s grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judg... More...    $0 (06-15-2012 - ID)

Appellants, Kent Whiteman and Whitehorse Properties, LLC, (collectively referred to herein as “Whitemanâ€�), bring a second appeal of this case before this Court. In the original trial, Respondent, Damian Farrell, sued Whiteman for uncompensated architect services rendered for Whiteman’s West View Condominium project from 2003 to 2004. Whiteman counterclaimed arguing that Farrell was not entit... More...    $0 (01-10-2012 - ID)

The issues raised on this appeal are: (1) whether the district court abused its discretion in determining that Respondent was the prevailing party for the purpose of awarding attorney fees below; (2) whether the jury verdict dismissing Appellant’s counterclaim for breach of a grazing lease was not supported by the evidence; (3) whether the district court erred in declining to grant Appellant’s... More...    $0 (11-23-2011 - ID)

In 1999 and 2000, the federal Bureau of Land Management (“BLMâ€�) applied the herbicide Oust to approximately 70,000 acres of federal lands in South Central Idaho in an effort to combat a devastating wildfire cycle. Wind carried some of the Oust off the federal land and onto privately owned farmland nearby. The herbicide caused significant damage to the crops on these farmlands. The Plaintiffs i... More...    $0 (09-08-2011 - ID)

This is an appeal from a summary judgment holding that the defendants violated restrictive covenants in a commercial development. Because the district court misapplied the applicable law, we vacate the judgment.

I.

Factual Background

Jacklin Land Company (Jacklin) owned real property near Interstate 90 in Post Falls that it developed into a commercial, professional, and indust... More...    $0 (06-29-2011 - ID)

Knipe Land Company (“KLCâ€�) and John Knipe (“Knipeâ€�) appeal from a jury verdict in favor of Richard Robertson, Johnnie Robertson and Robertson Kennels, Inc. (collectively, “Respondentsâ€�). KLC and Knipe (collectively, “Appellantsâ€�) ask that this Court grant a judgment notwithstanding the verdict or, alternatively, a new trial. Appellants also argue that the district court erred in fa... More...    $0 (03-23-2011 - ID)

In this case, an underinsured-motorist claimant asks this Court to invalidate an “exhaustion clause� requiring her to exhaust the full limits of the tortfeasor’s insurance policy before being eligible for underinsured-motorist benefits.

II. FACTUAL AND PROCEDURAL BACKGROUND

Marcie Hill, the appellant, was injured in a two-car accident with Andrea Hamilton in November of 2005. A... More...    $0 (01-05-2011 - ID)

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s... More...    $0 (10-02-2009 - ID)

This is an appeal from a judgment on causes of action based upon Oregon statutes. We hold that the most significant relationship test applicable to a conflict of laws issue does not apply and that the district court did not err in allowing recovery based upon the Oregon statutes. We also hold that the district court did not err in granting summary judgment on those claims. We affirm the judgment o... More...    $0 (08-21-2009 - ID)

This appeal arises from a petition for judicial review concerning a county board’s denial of a subdivision application. Appellants Ed Terrazas and Jackie Weseloh (Applicants) appeal the district court’s order affirming Respondent Blaine County Board of County Commissioners’ (Board) decision denying Applicants’ subdivision application. We affirm the decision of the district court.

I.... More...    $0 (04-15-2009 - ID)

This dispute stems from the sale of a parcel of real property located in Idaho Falls. Blair and Joann Grover (the Grovers) purchased the land subject to a note (the Note) issued by Earl and Norma Wadsworth (the Wadsworths). The Grovers claim that the Note has been paid in full and that they are the owners of the parcel. The Wadsworths claim that due to an error in the amortization table the Note h... More...    $0 (03-05-2009 - ID)

This dispute arises out of an alleged employment contract between Appellant Robert Gray and Respondents Tri-Way Construction Services, Inc., a Washington corporation; and Ray Allard, Kathy Peterson and Gary Peterson, as individuals (collectively Tri-Way). Gray appeals from the district court‘s order of summary judgment in favor of Tri-Way on his breach of contract, equitable estoppel, statutory... More...    $0 (04-27-2009 - ID)

Bauchman-Kingston Partnership, LP, sued Melven Haroldsen and his wife for specific performance or damages based upon a real property sale agreement. The district court granted summary judgment for the Haroldsens. Bauchman-Kingston appealed, and we affirm. I. In May 2000, Melven Haroldsen1 executed an agreement to sell certain real property to Bauchman-Kingston. The agreement contemplated that m... More...    $0 (12-08-2008 - ID)

This is an appeal from a partial judgment holding that the University of Idaho Foundation is obligated to make payments under a contract between it and Civic Partners Idaho, LLC, and from the award of costs and attorney fees to the Capital City Development Corporation. We affirm the judgment of the district court and award attorney fees on appeal to the Capital City Development Corporation.
<... More...    $0 (12-10-2008 - ID)

Rodney Peterson appeals from the district court’s order denying his motion for summary judgment and granting summary judgment in favor of William R. Shore and Roberta S. Shore. The Shores cross-appeal from the district court’s order denying their motion for attorney fees. For the reasons stated below, we affirm the summary judgment but reverse the denial of attorney fees and remand for additio... More...    $0 (11-12-2008 - ID)

In November 1998, Connie L. Hindmarsh ("Hindmarsh") sued Mock in the small claims department of the magistrate's division of the district court ("small claims court") for property damage resulting from an automobile collision between Hindmarsh and Mock in June. Following trial, $3,000 in damages was awarded to Hindmarsh. Neither party appealed the small claims judgment. In December 1999, Hindm... More...    $0 (10-28-2002 - ID)

In 1997, Gillespies met with Darris... More...    $0 (10-11-2002 - ID)

This is an action to enforce John Mastrangelo's February 1991 Florida money judgment entered against defendant Sandstrom, Inc. by attaching real property located in Lemhi County, Idaho. Mastrangelo seeks to establish the corporation's ownership of the property, in part, by enforcement of an August 1991 Florida decree entered in the divorce of defendants Ray and Jodi Sandstrom. The district cou... More...    $0 (08-06-2002 - ID)

Butler Trailer Manuf... More...    $0 (02-26-2002 - ID)