Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Civil Trial Practice

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Start with Bias and Prejudice – your story must deal with these or you lose!

Posted in Civil Trial Practice, Criminal Defense, Hire a Lawyer, Uncategorized
Impartiality is a myth. So the idea that you will start with an impartial jury or fact finder (maybe a Judge) misses the mark. We all have inherent bias and prejudice that colors our decision making. All of us. Let’s start with a simple example involving cars. I have a bias (or preference) in favor… Continue Reading

And now a word about blogging – BACK!

Posted in Assistance of Counsel, Civil Trial Practice, Criminal Defense, DUI, Politics, Trial Lawyers College, Trials
 So I took a little break from blogging about criminal defense, DUI defense, civil trials and matters of wrongful death. And then things just started "popping up." A new case or twelve. A kid in jail who just could not get it together. A former Marine facing life changing decisions. The mentally ill – fearing… 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

Deleting Emails Leads To Criminal Charges in BP Disaster

Posted in Civil Trial Practice, Criminal Defense, Search and Seizure
A former engineer has been charged with destroying over 200 emails that were requested by prosecutors and investigators in the 2010 BP Gulf oil disaster. One of those emails reported that the spill was far worse than had been reported by BP. According to CNN, Kurt Mix faces charges that he intentionally destroyed evidence that… 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

149 Reasons Why That Fingerprint Expert Might Be Mistaken

Posted in Assistance of Counsel, Civil Trial Practice, Criminal Defense
    The National Institute of Standards and Technology (NIST) recently identified 149 potential sources of human error in the analysis of crime scene fingerprints.  In an article published by NIST, the results of a study by a working group of 34 scientists, NIST recommends changes to reduce human error and make conclusions more reliable.  You can… Continue Reading

Injured by an Idaho State, County or City Employee? You Need To File A Tort Claims Notice To Bring A Lawsuit

Posted in Civil Trial Practice, Crime Victims, Trials
 If you have been injured by an Idaho state, county, or city employee and you want to bring a civil lawsuit for damages, you MUST file a notice of tort claim before you can bring a lawsuit to recover for your injuries. Even if the potential defendant is not an employee – you still must… 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

Jury Selection – Try To Include Potential Jurors But Get Them Talking

Posted in Civil Trial Practice, Criminal Defense, Trial Lawyers College, Trials
In the past six weeks, Courtney and I have tried two criminal cases in Ada County.  The first case charged vehicular manslaughter – two felony counts. Last week we tried a case that charged aggravated assault with a deadly weapon and injury to jails (both felonies), as well as misdemeanor counts of false imprisonment, battery… Continue Reading

Take Some Time To Learn To Connect

Posted in Civil Trial Practice
  I am in a funk. Two weeks in a trial and now I need to decompress, so I am back to reading a book I bought by John Maxwell on communication. Actually it is not about communication – it is about connecting. As lawyers we need to connect with jurors; with clients, and with… Continue Reading

9th Circuit Says Intent to Defraud is the Intent to Cheat

Posted in Civil Trial Practice, Criminal Defense, Federal Sentencing, Fraud, Mac Loving Trial Lawyers, News
 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… Continue Reading

A Third Bicyclist Hit – This Time Injured

Posted in Civil Trial Practice
 In the past week or so, two men were killed while riding their bikes in Boise.  Tonight, a third cyclist was struck by a car near Fairview and Amber streets.  How does it happen that drivers continue to injure and kill persons riding their bikes lawfully, on Boise streets? I have to confess that I… Continue Reading

Off Topic – Ski Area Liability for Wrongful Death

Posted in Civil Trial Practice
 I had an interesting call this past week inquiring about potential civil liability for a wrongful death at a ski area. This call reminded me of the tragedy surrounding Natasha Richardson’s death last March when she suffered head injuries at a ski area. A few years ago, Mel Orchard (an attorney at Gerry Spence’s shop)… Continue Reading