Criminal Defense

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I just spent a few minutes watching this video from a former investigator who has spent his last 20 years carrying the doubt of whether he and the other officers investigating the death of a child got it right. They didn’t. An Autistic father is on death row because nobody knew of his developmental disabilities, his daughters medical issues or…

Continue Reading Strong Words from a Former Investigator about the Death Penalty

Self Defense Results in Dismissal of Murder Case 

In two recent cases, the potential use of self-defense resulted in dismissal of murder charges against our clients. Self-defense is alive and well, at least when you have prosecutors who approach their cases mindful of how a jury will likely view the evidence. Of course, it also helps to have the…

Continue Reading Second Degree Murder Charges Dismissed

I just finished a criminal trial and a week later, mediation in a civil case. Each reminded me that this is an adversarial system. Your case is not necessarily about the truth. Harsh? Maybe, but that is the reality.

Whatever type of case you are involved in, the legal process involves two different narratives, or stories. In the criminal case…
Continue Reading Save that story for your lawyer!

Once upon a time, as I returned to private practice from my time as Executive Director of the Federal Defenders of Idaho, I made plans. Not going to get behind. Going to keep that calendar clear enough to run, ride or swim every day. Keep my time for me, and Sue and the kids.

“Sweet dreams are made of this….”…
Continue Reading I remember thinking, “I’m going to blog every day.” Nice Dream!

You may have read that my dad, Chuck Peterson has returned to our law firm, Peterson Lawyers, after a year as the Executive Director of the Federal Defenders of Idaho. His selection to lead that organization a year ago was an occasion for celebration, and loss. I was proud he had been selected to lead the great lawyers and staff…
Continue Reading Super Lawyers, Best Lawyers In America and Martindale-Hubbell AV Preeminent

A year ago I left private practice to become the Executive Director of the Federal Defender Services of Idaho (FDSI). I became the head of the office, hoping to manage, supervise employees and practice federal criminal defense.

I had been handling federal criminal cases as private counsel and as a member of the Criminal Justice Act Panel (CJA) since leaving…
Continue Reading Back in the Saddle – an overview after a year as the Federal Defender

   Last week I tried an aggravated assault with deadly weapon (AR15) case that resulted in those two beautiful words: NOT GUILTY. The case involved a former military service member accused of using his firearm to threaten ten neighborhood folks who had gone to his home on the 4th of July to “get an explanation” for his having run over their…
Continue Reading Three things I learned or confirmed from last week’s self-defense ACQUITTAL

This summer the Idaho Supreme Court considered the circumstances in which a law enforcement officer may make an arrest for a misdemeanor not committed in his or her presence. State v. Clarke involved an arrest for misdemeanor battery reported by a woman in a park. She claimed Clarke had harassed her and grabbed her rear-end. Clarke admitted he had touched…
Continue Reading Arresting Development – that warrantless misdemeanor arrest may violate the protections of the constitution

Deadly force.

The subject is frequently in the news and often becomes the subject of even local conversation. When a law enforcement officer uses deadly force against someone it amounts to a seizure of that person, and the Constitution prohibits unreasonable seizures. So the simple question posed in such a case is whether deadly force was reasonable under the circumstances…
Continue Reading When May Officers Use Deadly Force? The answer may confound you!