Appellant Debra K. Chavez appeals from an order of the district court dismissing her quiet title action and granting summary judgment to Respondents William J. Barrus, Baker & Harris, and First American Title Company (First American) (collectively Respondents). We affirm the district court's dismissal of the quiet title action... In a separate order, the district court awarded attorney fees to Barrus and Baker & Harris pursuant to I.C. § 12-120(1) and to First American pursuant to I.C....  

I. NATURE OF THE CASE... This case involves a request by Federated Publications, Inc. (The Statesman)1 for a declaration from the Court that Idaho Code Section 60-106 applies to all legal notices, advertisements or publications of any kind required or provided by the laws of the state of Idaho, including both government and private notice, and that such notice must be published in the newspaper having the largest paid circulation within the boundaries of the governmental entity wherein the...  

Sithanonxay Insyxiengmay appeals from his judgment of conviction for trafficking in methamphetamine. Specifically, Insyxiengmay challenges the district court's order denying his motion to suppress and asserts that his sentence is excessive. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... Police responded to an apartment complex after reports of suspicious activity. Neighbors and the apartment manager identified one particular apartment that had a number of cars and...  

Frank C. Jones appeals from the district court's order denying his I.C.R. 35 motion to correct an illegal sentence. For the reasons set forth below, we affirm... In August 2004, Jones pled guilty to possession of a controlled substance. I.C. § 37-2732(c)(1). He was sentenced to a unified term of seven years, with a minimum period of confinement of four years. The sentence was suspended and Jones was placed on probation for five years. In January 2006, the district court revoked Jones's...  

This is an appeal from the district court's order vacating the denial of an application for medical indigency benefits and remanding to a county board of commissioners for further findings. We affirm the decision of the district court... I. FACTUAL AND PROCEDURAL BACKGROUND... Elvira Orozco (the Patient) came to Ada County in October, 2004, from Mexico. She initially resided in Garden City, Idaho. In March, 2005, she moved to a residence in Meridian, Idaho, where she lived until June, 2006. In...  

Kelly Ray Robinett appeals from his judgment of conviction and unified sentence of twelve years, with a minimum period of confinement of seven years, for possession of a controlled substance and being a persistent violator. For the reasons set forth below, we affirm his judgment of conviction, but vacate his sentence and remand... A jury found Robinett guilty of possession of a controlled substance, I.C. § 37-2732(c), and being a persistent violator, I.C. § 19-2514. The district court...  

Shey Marie Schoger appeals from the district court's order summarily dismissing her application for post-conviction relief. Specifically, Schoger asserts that she raised a genuine issue of material fact as to whether her trial counsel provided ineffective assistance in preparing her to plead guilty, whether the district court erred in rejecting her guilty plea, and whether her appellate counsel provided ineffective assistance in failing to challenge the district court's rejection of her guilty...  

Appellant Randell Waller (Waller) appeals from the district court's dismissal of his complaint wherein he sought relief from a default judgment entered eleven years earlier. We affirm... I. FACTUAL AND PROCEDURAL BACKGROUND... The material facts of this case are not in dispute. On November 7, 1990, Waller and Jennifer Waller (Jennifer) were married. On March 13, 1991, Jennifer gave birth to a child. The child was conceived prior to the marriage between Waller and Jennifer. Based upon 2003 DNA...  

Christopher Walliser appeals from the district court's order dismissing his application for post-conviction relief following an evidentiary hearing. For the reasons stated below, we affirm... I... FACTS AND PROCEDURE... In April 2002, Walliser pled guilty to possession of a controlled substance, methamphetamine, in Case No. CR02-167. Walliser was sentenced to a unified term of four years, with a minimum period of confinement of one and a half years. Walliser's sentence was suspended and he was...  

Don Kelly Cole appeals from his misdemeanor conviction for resisting and obstructing officers. He contends that the magistrate erred by denying his proposed jury instruction, that his actions did not violate the statute as a matter of law because the officers had no probable cause to arrest him, and that the magistrate erred by imposing a term of probation requiring that he complete a marital counseling class. We affirm... I... FACTS AND PROCEDURE... Cole was charged with two misdemeanors,...  

Robert David Marrs appeals from the district court's order denying his motion to suppress evidence... I... BACKGROUND... Marrs was charged with possession of methamphetamine and possession of drug paraphernalia. He filed a motion to suppress evidence and to dismiss the charges, arguing that the methamphetamine and paraphernalia were found as a result of an unlawful seizure in violation of his Fourth Amendment rights... Evidence presented at the hearing on the suppression motion showed the...  

Nicholas R. Smalley appeals from his judgment of conviction for felony driving under the influence, eluding a police officer and leaving the scene of an injury accident. He argues that the district court erred in denying his motion to withdraw his guilty pleas and that the sentences are excessive... After clocking Smalley driving seventy-four-miles-per-hour in a fifty-mile-per-hour zone, a State Police officer attempted to conduct a traffic stop. Smalley not only failed to stop but accelerated...  

This is an appeal from an order denying a motion to withdraw a plea of guilty. We affirm... I... BACKGROUND... The appellant, Mark E. Miser, was charged with possession of a controlled substance (methamphetamine), I.C. § 37-2732(c)(1), and with being a persistent violator, I.C. § 19-2514. During a jury trial on the charges and after the state had rested its case, Miser decided to forego finishing the jury trial. He pled guilty to the controlled substance charge and admitted to the...  

Michael C. Springs was convicted of aggravated assault, Idaho Code § 18-905. The district court imposed a unified sentence of five years, with a minimum period of confinement of one and one-half years, to run consecutively with a previously executed sentence in an unrelated case. Springs appeals, contending that the district court abused its discretion in ordering the aggravated assault sentence to run consecutively with his sentence in a separate case... Sentencing is a matter for the...  

Rian Kristopher Hill was convicted of burglary, Idaho Code § 18-1401, and possession of a controlled substance, I.C. § 37-2732(c). The district court imposed concurrent unified sentences of ten years with two years determinate for burglary and seven years with two years determinate for possession of a controlled substance and retained jurisdiction. At the conclusion of the retained jurisdiction program, the court relinquished jurisdiction and ordered execution of Hill's sentence. Hill...  

In Docket No. 34801, Tracy A. Hetherington pled guilty to seven counts of unlawful possession/use of a state lottery ticket, I.C. § 67-7448(2), and the district court imposed a unified five-year sentence, with a two-year determinate term. The district court retained jurisdiction, but thereafter placed Hetherington on probation. This probation was subsequently revoked and the suspended sentences were ordered into execution. On appeal, Hetherington does not challenge the district court's...  

Tyler A. Wagner pled guilty to delivery of a controlled substance. I.C. § 37-2732(a). The district court sentenced Wagner to a unified term of five years, with a minimum period of confinement of one and one-half years. The district court suspended the sentence and placed Wagner on probation. Wagner thereafter violated the terms of his probation, and the district court revoked probation, but retained jurisdiction. The district court relinquished jurisdiction and ordered execution of the...  

Marcus Anthony Mitchell, II, appeals from his judgment of conviction and sentences for aggravated battery, robbery, and burglary. We affirm... I... BACKGROUND... In the early morning hours of July 11, 2005, two people forced themselves into an apartment belonging to a drug-dealer in Meridian, Idaho. During the ensuing scuffle, John "Jake" Hargis was shot five times, and one of the intruders, Matthew "Motu" Nuuvali, was shot once through the hand. The two intruders fled, taking...  

In this appeal, appellant Carter J. Armstrong challenges his judgment of conviction and probation order as being violative of a plea agreement. We do not address the merits of his argument, however, because an issue raised by respondent State of Idaho is dispositive. The State contends that the district court was without jurisdiction in this case to allow Armstrong to withdraw an earlier guilty plea to a different offense, and therefore all subsequent orders or judgments in this case have been...  

L. Dan Fairbanks appeals from the district court's order denying his motion for credit for time served. For the reasons stated below, we affirm... I... FACTS AND PROCEDURE... In 2002, based on a guilty plea, Fairbanks was sentenced to a unified term of four years, with a minimum period of confinement of two years, for conspiracy to deliver methamphetamine. He was released on parole in April 2003. Fairbanks twice failed urine tests for methamphetamine in March and May of 2004. At the time of the...