Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: News

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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

Twin Prosecutor – “it is the State’s conclusion Mr. Holland … did not commit the crime of rape…”

Posted in Criminal Defense, News
After a fully contested prelim by which the State barely had enough evidence to establish probable cause, and after we found witnesses to contest the basic premise of the State’s case against Jack Holland, a weather man for a Twin Falls television station, the State today filed its motion to dismiss. Included within that motion… 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

Bowe Bergdahl and the Serial Podcast – Court of Popular Opinion

Posted in Constitutional Law, Criminal Defense, News, Trials
SGT. Bowe Bergdahl will stand trial for Desertion and for Misbehavior before the Enemy despite the recommendations of the officer who presided over the Article 32 Investigation that a lesser proceeding is appropriate. Bergdahl left his post, was captured by the Taliban, was held 5 years and was only released when President Obama worked some magic and… Continue Reading

That “Fog Line” is Actually Part of the Lane – DUI Case Reversed!

Posted in Constitutional Law, Criminal Defense, DUI, News, Trials
Idaho’s Supremes have decided, in a 3 – 2 decision, that the line on the side of the road is actually part of the lane, so an officer unreasonably stopped a driver because he had driven onto that line twice. That decision results in suppression of the evidence needed by the State for its DUI case. The case goes… 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

When it comes to SGT Bowe Bergdahl, let’s be happy he is back in the US

Posted in News
 SGT Bowe Bergdahl’s “disappearance” is not necessarily desertion. Once upon a time I served as an Army JAG officer – a Trial Defense Services lawyer – defending the men and women of the 4th Infantry Division at Ft. Carson against criminal charges. Viet Nam was over, but there were traces of its wrath daily in… Continue Reading

Criminal Cases Require Lawyers with “attention to detail, an energetic investigation and a coherent plan of defense”

Posted in Assistance of Counsel, Constitutional Law, Criminal Defense, Hire a Lawyer, News, Politics, Trials
 The news tonight declares that Kennedy cousin Michael Skakel has won a new trial because his criminal defense lawyer did not do enough to provide an effective defense. Robert F. Kennedy was his uncle. Mr. Skakel was convicted of the murder of Martha Moxley in 1975. She was beaten to death with a golf club… Continue Reading

Thanks Best Lawyers in America – we appreciate the recognition

Posted in News
  For years we have been happy to be recognized for our work by inclusion in the annual edition of Best Lawyers in America. This collaboration of U.S. News & World Reports, the New York Times, Washington Post and others selects lawyers and law firms that are leaders in their areas of practice. For 2013… Continue Reading

Army Will Seek Death Penalty in Bales Court-Martial

Posted in News
 The United States Army has announced that it will seek the death penalty in the murder trial for SSG Robert Bales. Bales is accused of killing 16 civilians in Afghanistan, 9 of which were children. In a news story published today, that writer points out that although 16  servicemen have been sentenced to death since 1986, none been… Continue Reading

The “Velvet Shiv,” McKay and I are in Bloomberg Businessweek?

Posted in News
  "Hey, isn’t that you in that article in Businessweek about the defense of Khalid Sheikh Mohammed." Yes – that is me, but the story is about David Nevin, the "Velvit Shiv." The picture above adorns the story detailing our pal David Nevin’s current and past work. The photo is from another terrorism case – the US… Continue Reading

Sentence handed down in New Jersey cyber bullying case questioned by both sides

Posted in Crime Victims, Criminal Defense, News, Politics
 Dharun Ravi, 20, a student from New Jersey was recently found guilty by a jury in Middlesex County of bias intimidation, invasion of privacy, and hindering prosecution for using his laptop to secretly record and broadcast an intimate encounter between his Rutgers roommate, Tyler Clementi, and another man. Clementi later committed suicide by jumping off… 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

If You Fall Out of a Third Story Window, Is the University of Idaho Responsible – Most Comments Say “NO”

Posted in Civil Trial Practice, News
 Today’s Idaho Statesman contains an article about a lawsuit filed by a young woman who was at a University of Idaho frat party, apparently got intoxicated and fell out of a third story window.  The issue here is liability: is the University or state board of education liable for injuries sustained by a person who… Continue Reading

Bujak Charged With Grand Theft – Tells Investigators He Took The Money

Posted in Crime Victims, Criminal Defense, News, Politics
The other shoe has fallen.  John Bujak, formerly the Canyon County Prosecutor, has been charged with Grand Theft by Deception and by Embezzlement, and the investigation of the case is set out in a detailed affidavit that is available online at the Idaho Press Tribune website, or here.  But before you think this thing is… Continue Reading
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