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Justia Daily Opinion Summaries

Idaho Supreme Court - Civil
November 11, 2020

Table of Contents

Uzzle v. Estate of Hirning

Trusts & Estates

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How to Prevent Republican State Legislatures from Stealing the Election

AUSTIN SARAT, DANIEL B. EDELMAN

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Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.

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Idaho Supreme Court - Civil Opinions

Uzzle v. Estate of Hirning

Docket: 47449

Opinion Date: November 10, 2020

Judge: Roger S. Burdick

Areas of Law: Trusts & Estates

This appeal arose from the probate of Eric Milo Hirning’s will, and concerned a magistrate court’s authority to conduct formal probate proceedings and approve an estate’s final accounting and distribution. Three beneficiaries of the will, appellants Cindy Louise Uzzle, John E. White, and Jody Hirning, challenged the procedural grounds of the district court’s decision on appeal, the propriety of a magistrate court’s order approving the estate’s final accounting and proposed distribution, and the district court’s award of attorney’s fees. After review, the Idaho Supreme Court found no reversible error except that neither party should have been awarded costs or attorney's fees.

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