Tag: standard of review

Is the Reasonableness of Medical Treatment in Workers’ Compensation Cases a Question of Law or a Question of Fact for the Purposes of Appellate Review?

In Chavez v. Stokes, 2015 Opinion No. 64 (July 7, 2015), the Idaho Supreme Court overturned prior precedent holding that the reasonableness of medical treatment in workers’ compensation cases is a question of law subject to free review. According to the Court, the Idaho Industrial Commission’s determination of reasonableness should be reviewed as a finding … Continue Reading

State v. Franklin – State Supreme Court Divided Over Discretion

In State v. Andre Luis Franklin, five State Supreme Court justices reversed a defendant’s convictions after concluding the trial court erred in excluding evidence to further the defendant’s “other suspect” defense.  The defendant, Franklin, was in pseudo-relationships with two different women, Hibbler and Fuerte, and the women had a history of jealousy with one another.  … Continue Reading