January 2011

 Just why do I blog? The real point of this is to start a conversation between you the reader and me the blogger. I read a lot of blogs as part of being a blogging trial lawyer. My favorites currently are blogs about blogging and blogs about bicycles and blogs about photography. And again I am off topic. 

But my

Continue Reading My “Call To Action” Is Hidden – but you can find it at “Contact”

 Rule one for bloggers is to stay on track. Do not go off topic. So again, I depart from the rules and simply have to "react" to a news story today that the Idaho lottery winner may have to "share" that huge prize with her "estranged husband." Oh, man – that law can be a bear.

Here’s the deal –

Continue Reading Half That Big Lottery To “Not Yet Ex Spouse?” You Gotta’ Regret Not Signing Those Divorce Papers!

 The recent Idaho Supreme Court decision in State v. Skurlock answers the question of when daytime ends – at least when it comes to conducting a search pursuant to a "daytime" search warrant. Skurlock was residing in a motel in Sandpoint, and the police executed their "daytime" warrant about a half hour after sunset. They found drugs and Skurlock was

Continue Reading Daytime – Do We Need A Rule To Define It?

 KTVB news reported last night that all felony charges filed against five former Blackfoot high school football players have been dismissed, leaving only misdemeanor charges of battery. A few weeks ago the allegations gained international news status, and were discussed openly by national news programs and radio call in shows. Generally, the stories made it sound as if the school

Continue Reading Blackfoot Sex Charges Dismissed – Lessons In Discernment

 In Idaho there are two ways that a case gets to district court – that is the court of general jurisdiction for the state. The first way is by indictment. An indictment results when a grand jury finds that there is evidence that indicates more likely than not, the person committed a crime.

That is the standard for probable cause

Continue Reading A Preliminary Hearing – Probable Cause or Not

 

Just before Christmas I spent a little time with Zachary Neagle. When Zach was charged with the murder of his father in March of 2009, I followed the case with special interest. I am a dad and I could not imagine what might lead a kid to kill anyone – let alone his father. Fathers are supposed to be

Continue Reading Zachary Neagle’s Case Revisited – He Is Doing Well