Information and Insight on Criminal Law and Civil Rights
In another one of those confusing 9th Circuit fraud decisions – the Court of Appeals has upheld the convictions and sentences of three men who summoned the likes of Charles Ponzi and swindled 1700 investors out of $40 million. In US v. Treadwell the Court upheld an instruction that “intent to defraud is an intent to deceive or cheat,” and…
Continue Reading 9th Circuit Says Intent to Defraud is the Intent to Cheat
I had the call again this week: "I did not do anything wrong. Do you think it is ok if I talk to the police? Because – actually – I already talked to them and now they tell me they know what I did. I didn’t do anything!"
Yes you did. You talked to the police. You thought that they…
Reversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected to be diligent and leave…
Continue Reading Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance
“Molen’s constitutional right to present a defense was not infringed, however, for this constitutional guarantee does not afford a criminal defendant a right to present irrelevant evidence.”…
Continue Reading Idaho Court of Appeals Says Child’s Exposure to Sexual Activity May Be Admissible – Or Maybe Not
Reports tonight indicate that the City of Boise has passed new city laws designed to protect bicyclists on our streets. The ordinances would arguably provide new ways to criminalize driving too close or too aggressively around bicyclists. The truth is the new laws may make us feel safer while riding two wheelers on the road but they will do nothing…
Continue Reading City Passes New Laws To Protect Bicyclists – But Really, Do We Need More Laws?
A few years ago I caught a radio interview of a Canadian hockey coach who had been fired, but not told so by his team before it was reported in the press. When questioned about his situation the coach (in his best Canadian accent) reflected, "I’d like to have ‘beeen’ notified!"
This phrase has become a family expression in our…
Continue Reading “I Would Like To Have Been Notified.” Fraud By Silence.
If you are charged in a criminal case, you have a story. You know intuitively that you have to answer that "what happened" question, if only to yourself, your family and your lawyer. You understand that your freedom depends on the answer and ultimately, your story. And you likely understand that you should have a good lawyer to help you…
Continue Reading Define Your Core Message – Telling Your Story
A guy at the store was incredulous – "how could he have pled not guilty! His pants were on fire and his leg almost melted into the seats!"
"Yeah," his wife chimed in, "adds new meaning to the term fire ball!"
And so it goes. Kind of like "how could you represent someone that guilty?"
Here’s how the press reported…
Continue Reading Why Did He Plead Not Guilty – His Pants Were On Fire!
In a decision handed down on December 30, the Idaho Court of Appeals vacated a conviction for robbery in State vs Faron Hawkins because the district judge did not sua sponte (on his own without a motion from the defendant) order a mental health evaluation during the trial of the case. Hawkins had contacted an FBI agent concerning his fear for…
Continue Reading Idaho Appellate Court Says Judge Had Duty To Order Mental Evaluation
At least once a week I get that call from a family member who wants me to help correct "an obvious miscarriage of justice" that has resulted in their father/mother/sister/brother or other family member being incarcerated. "The lawyer forced him to plead!" That was this weeks version of the always popular "please, please help me make this right!"
Before I get…