Justia Civil Procedure Opinion Summaries

In this case, defendant Douglas Shane Thompson was convicted for domestic violence, and a no-contact order was put in place prohibiting him from contacting his minor son. Thompson appealed against the decision, arguing that there was no evidence that he posed a threat to his son and that the no-contact order violated his fundamental right to parent his son.The Supreme Court of the State of Idaho found that the lower court failed to provide adequate reasons for amending the no-contact order to prohibit all contact between Thompson and his son. The court concluded that the lower court did not exercise reason since it did not articulate any evidence that demonstrated a change in circumstances that justified the amendment of the no-contact order. It was also noted that the court did not explain what circumstances would need to change before Thompson could seek to reinitiate contact with his son.The court also observed that Thompson's argument that the no-contact order effectively terminated his parental rights was not sufficiently preserved for appeal. The court acknowledged the complexities when a judge not regularly dealing with family law issues has to analyze often competing interests involved.Therefore, the court reversed the decision of the lower court to amend the no-contact order and remanded the case back to the district court for further proceedings. View "State v. Thompson" on Justia Law

A coalition of media companies petitioned the Idaho Supreme Court for a writ of mandamus or a writ of prohibition to vacate a nondissemination order issued by the magistrate court in the pending criminal action of State of Idaho v. Bryan C. Kohberger. The Supreme Court expedited the case and ordered briefing from the parties. The Court also granted motions to intervene filed by the two parties to this case, the State of Idaho, Latah County Prosecutor (“the State”) and the defendant, Bryan Kohberger, who were also permitted to file briefs. After review of the briefs submitted, the Supreme Court dispensed with oral argument was unnecessary to resolve this case. The underlying case involved the 2022 murder of four University of Idaho students, for which Kohberger was arrested and charged with committing. The case drew widespread publicity. Recognizing the high-profile nature of the case and the extensive coverage it has received, along with the need to minimize possible pretrial prejudice, Kohberger’s attorneys and the attorneys for the State stipulated to the nondissemination order. Shortly after the order was entered, the medial companies challenged the constitutionality of the mondissemination order and sought extraordinary relief to protect free speech rights and the media’s ability to cover the case under the U.S. and Idaho Constitutions. The Supreme Court ultimately concluded that neither a writ of mandamus nor a writ of prohibition were appropriate remedies at this time. View "Associated Press, et al. v. Second Judicial District, et al." on Justia Law

The Idaho Industrial Commission appealed the dismissal of motion to renew a restitution order in a criminal case. The Owyhee County Prosecuting Attorney obtained an order of restitution against Malinda Poe in 2005, which required Poe to pay $2,346 to the Industrial Commission’s Crime Victims Compensation Program. In 2010, the Industrial Commission sought an order renewing the order of restitution, which was granted by the magistrate court. Five years later, the Industrial Commission sought another order renewing the order of restitution, which was also granted at that time by the magistrate court. In 2020, the Industrial Commission sought a third order renewing the order of restitution. This time, however, the magistrate court denied the request, finding that the Industrial Commission lacked standing to seek a renewal of the restitution order. The Industrial Commission appealed to the district court, which, sitting in its intermediate appellate capacity, also concluded the Commission lacked standing, and further concluded that the order of restitution was not subject to renewal pursuant to Idaho Code section 10-1110. The Industrial Commission appealed to the Idaho Supreme Court. Finding no reversible error in the district court's judgment, the Supreme Court affirmed. View "Idaho v. Poe" on Justia Law