Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Civil Rights

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“Officers threw him to the ground, got on top of him and shot him dead!”

Posted in Civil Rights, Constitutional Law, Crime Victims, Criminal Defense, News
I am packing for the weekend and watching a little TV news this morning, and from that box a witness to a fatal shooting in Louisiana offered this explanation for the dramatic killing of a black man by a police officer there: “Officers threw him to the ground, got on top of him and shot… Continue Reading

How can it have been so long since I last posted? Answer – too much to do, too little time!

Posted in Civil Rights, Criminal Defense, News, Uncategorized
Yesterday I was complaining to Courtney and Will that we needed to get writing. “Why haven’t you two been posting anything to the blog? It’s not like there isn’t interest out there about our cases and the law generally!” Then I looked at my posts – or the lack thereof this year. Where does the… Continue Reading

Peterson Lawyers Join the Yantis Case

Posted in Civil Rights, Constitutional Law, News
    We have joined with the Spence Law Firm out of Jackson, Woming and Paul Winward of Boise to represent the family of slain Council rancher Jack Yantis. An interview discussing the case is available from Channel 7 News here. Not certain that we are really “high profile” lawyers, but I am happy we… Continue Reading

Panel Kills Public Defender Changes in Idaho – Don’t Blame the Defenders!

Posted in Civil Rights, Constitutional Law, News, Politics
 From the Idaho Statesman tonight:  "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public defenders across the state were being given too many cases, and some defendants weren’t meeting their attorneys until they were in the courtroom. The report… Continue Reading

Win Your Case – go to trial if there is no other way out!

Posted in Civil Rights, Civil Trial Practice, Crime Victims, Criminal Defense, Trials
  Years ago I was getting ready for a monster trial – pitting the ultimate power of the United States against a little guy who held out in the face of an all out attack on his home. People died. Protestors gathered. Television cameras rolled and major magazines wrote headlines in anticipation of an almost… Continue Reading

Supreme Court weighs question of cruel and unusual punishment for teens

Posted in Civil Rights, Constitutional Law, Criminal Defense, News
The Supreme Court recently heard arguments surrounding two new cases up for review. Both involved the question of just how severe a penalty imposed on a juvenile offender must be in order to declared unconstitutionally cruel and unusual. The first case, Miller v. Alabama, involved a 14-year-old in Alabama who beat an older man to… Continue Reading

Just One Tool – Protecting Your Sixth Amendment Rights

Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, Trials
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading

Idaho Criminal Defense Blog Is About Content – Free Information For You On Criminal Defense In Idaho

Posted in Assistance of Counsel, Civil Rights, Civil Trial Practice, Constitutional Law, Criminal Defense, DUI, Hire a Lawyer, Trials
Have you noticed how many attorney websites are all about the lawyer and pay no attention to the information that people charged with criminal matters are looking for? Most lawyer websites scream: "Hire me! Do it now! You might go to prison if you don’t act within the next hour! Call me now!" I hate those… Continue Reading

Does A Search of Your Cell Phone’s Text Messages Require A Warrant? California Says No.

Posted in Civil Rights, Criminal Defense, Search and Seizure
 Let’s just say that your are leaving the parking lot of your favorite convenience store.  Slurppy in one hand, cell phone in the other. An unmarked car stands by and hidden from view an officer watches your moves. You get into your car and back out. The unmarked runs interference and a couple of squad… Continue Reading

Idaho Supremes: Wrongful Death Lawsuit Against School District Dismissed

Posted in Civil Rights, Crime Victims
 Can parents sue a school district for wrongful death, when their theory of liability is that the district owed their child a duty to supervise her or her killers? The answer here – no.   In Stoddart v. Pocatello School District, the Idaho Supreme Court (Justice Horton writing the decision) affirms the district court’s decision… Continue Reading

Idaho’s Civil Action For Victims Of Sexual Abuse Not Applied Retroactively

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Crime Victims, Idaho Appellate Decisions
 The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of… Continue Reading

Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions
The problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles… Continue Reading

Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions, Trials
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… Continue Reading

Taser Update – Charlotte Agrees To Pay $625,000

Posted in Civil Rights, News
You may recall that I recently wrote about an incident involving a Boise man who was Tasered against Boise Police Department policy and the City Ombudsman’s decision that the officers had violated their policy and his rights.  He planned to sue for damages while local officials could not find a criminal charge to use against the… Continue Reading

Boise Police Used Excessive Force – The Real News Is The Ombudsman Finally Found A Problem!

Posted in Civil Rights, News
 An Idaho Statesman article reports on the findings of the Boise Police Ombudsman that officers used excessive force when they used their Taser on a suspect’s "buttocks."  OK – so another poor fool got the Taser and now the Ombudsman wants us all to understand that even he can identify misconduct when he sees it –… Continue Reading

Nice Victory For TLC Warriors in Houston

Posted in Civil Rights, News, Trial Lawyers College
 Congrats to my brothers and TLC Warriors on their victory in Houston in a civil rights case that pitted Kent Spence and Rafe Foreman against Harris County Sheriff’s Office and its deputies. After just four hours deliberations, the jury awarded the estate of Joel Casy $600,000 and $2.4 million to his mother.  The Houston Chronicle… Continue Reading

When Is It Excessive Force? Taser Time In The 11th Circuit

Posted in Civil Rights
 I happened to check out a blog entry tonight in which the Eleventh Circuit Court of Appeals decision in Buckley v. Haddock was reviewed.  In Buckley, Court ruled that an officer who used his taser on a handcuffed man arrested for a misdemeanor had NOT used excessive force.  The cop had ordered the man to… Continue Reading
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