The Advocate - June 2006 - Idaho State Bar - Idaho.gov

CIVIL APPEALS
EASEMENTS
1. Did the district court err by granting
summary judgment in favor of the
Freemans, confirming four easements
over and across Piske’s real property
William Piske v. Lloyd Freeman
S.Ct. No. 31816
Supreme Court
ARBITRATION
1. Did the trial court err in determining
that the arbitrator ruled on matters not submitted
to him?
Daryl Norton v.
California Insurance Guarantee
S.Ct. No. 31558
Supreme Court
BOND FORFEITURE
1. Whether the district court erred by treating
the motion to set aside forfeiture as a
prohibited motion for extension of time
and denying it for that reason.
State of Idaho v. Alladin Bail Bonds
S.Ct. No. 32323
Court of Appeals
SUMMARY JUDGMENT
1. Did the court err in granting summary
judgment by weighing the testimony of
Albrethsen, and resolving controverted
issues of fact?
Carolyn M. Finholt v. Jason Cresto
S.Ct. No. 32448
Supreme Court
POST-CONVICTION RELIEF
1. Whether the court erred when it dismissed
the petition as untimely.
Jaimi Dean Charboneau v.
State of Idaho
S.Ct. No. 32120
Supreme Court
2. Whether the court erred in summarily
dismissing Franck-Teel’s petition for postconviction
relief.
Dee Dee Franck-Teel v. State of Idaho
S.Ct. No. 32180
Court of Appeals
3. Did the court err in summarily dismissing
McKinney’s successive petition for
post-conviction relief pursuant to I.C. §19-
2719(5)?
Randy Lynn McKinney v. State of Idaho
S.Ct. No. 29411
Supreme Court
38 The Advocate - June 2006
Idaho Supreme Court and Court of Appeals
NEW CASES ON APPEAL PENDING DECISION
(Update 05/01/06)
4. Did the court err in concluding that
Sapien had failed to prove ineffective
assistance of trial counsel?
Adam Sapien v. State of Idaho
S.Ct. No. 31748
Court of Appeals
5. Did the court err by denying Swader’s
motion for appointment of counsel
because it considered the merits of
Swader’s petition prior to ruling on her
motion for the appointment of counsel?
Kalina Swader v. State of Idaho
S.Ct. No. 32114
Court of Appeals
CRIMINAL APPEALS
SUBSTANTIVE LAW
1. Whether the police acted lawfully in
ordering the defendants to leave the closed
park.
State of Idaho v. Frank A. Gamma
S.Ct. No. 32300/32303-09
Court of Appeals
2. Is ordering the payment of child support
pursuant to I.C. § 18-4007(3)(d) a direct
consequence of which the defendant must
be informed prior to a guilty plea to
manslaughter?
State of Idaho v. Gilbert Heredia
S.Ct. No. 32249
Supreme Court
EVIDENCE
1. Whether Santistevan’s rights against
compelled self-incrimination were violated
by a court order requiring him to elect
between presenting a full and fair defense
or surrendering to a full psychological
interview with a state appointed psychologist.
State of Idaho v. David Santistevan
S.Ct. No. 31918
Court of Appeals
2. Did the court err in admitting into evidence
an officer’s testimony regarding
alleged statements made to him by an
unavailable declarant in violation of the
Confrontation Clause of the Sixth
Amendment?
State of Idaho v. Gary Leon Stockton
S.Ct. No. 32034
Court of Appeals
DUE PROCESS
1. Did the state violate Zamora’s due
process rights by using his pre-Miarnda
silence in order to infer guilt?
State of Idaho v. Joe William Zamora
S.Ct. No. 31960
Court of Appeals
DOUBLE JEOPARDY
1. Was Hussain twice put in jeopardy for
the same offense when he was convicted
of two separate counts of sexual abuse of
a child based on a single, uninterrupted
course of conduct?
State of Idaho v. Abdul Aziz Hussain
S.Ct. No. 32046
Court of Appeals
(208) 334-3867
Summarized by:
Cathy Derden
Supreme Court Staff Attorney
(208) 334-3867