I was struck by the irony of it all – abandoned and orphaned children being delivered to another orphanage by apparently well meaning Americans – while the government of Haiti cannot deliver even the most basic essentials to its people. They cannot take so much as water to their own but they presume American missionaries are trafficking in children. Sick.
Continue Reading In Haiti There Is No Presumption of Innocence
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 deceive or cheat,” and
Continue Reading 9th Circuit Says Intent to Defraud is the Intent to Cheat
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 to be diligent and leave
Continue Reading Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance
“Molen’s constitutional right to present a defense was not infringed, however, for this constitutional guarantee does not afford a criminal defendant a right to present irrelevant evidence.”
Continue Reading Idaho Court of Appeals Says Child’s Exposure to Sexual Activity May Be Admissible – Or Maybe Not
If you are charged in a criminal case, you have a story. You know intuitively that you have to answer that "what happened" question, if only to yourself, your family and your lawyer. You understand that your freedom depends on the answer and ultimately, your story. And you likely understand that you should have a good lawyer to help you
Continue Reading Define Your Core Message – Telling Your Story
In a decision handed down on December 30, the Idaho Court of Appeals vacated a conviction for robbery in State vs Faron Hawkins because the district judge did not sua sponte (on his own without a motion from the defendant) order a mental health evaluation during the trial of the case. Hawkins had contacted an FBI agent concerning his fear for
Continue Reading Idaho Appellate Court Says Judge Had Duty To Order Mental Evaluation
Here’s how the New York Times announced it:
"Khalid Shaikh Mohammed, the self-described mastermind of the Sept. 11 attacks, and four other men accused in the plot will be prosecuted in federal court in New York City, a federal law enforcement official said early on Friday."
And of course the talking heads will be weighing in on how this course
Continue Reading 911 Mastermind To Be Tried In Federal Court
In United States vs Hickey, the 9th Circuit Court of Appeals affirms the conviction of another real estate developer who made big promises to investors but failed to deliver. Defendants Hickey and Tang induced over 700 investors to invest over $20 million in two real estate developments. The plan was straight forward enough – you give me money, we
Continue Reading 9th Circuit Says No Loss Needed For Real Estate Fraud – Relax, It’s No Big Deal!
First the disclosure – I have known John Tiemann for twenty years and when he was involved in an automobile accident several weeks ago he called me. I represent him. If he is ever charged with a crime as a result of the accident, I will be there beside him as his lawyer. The accident happened on August 19th, and
In an article appearing online in the Statesman it appears that DBSI president Douglas Swenson will have to answer questions under oath in the DBSI Bankruptcy case now pending. Here is the classic dilemma – answer the questions and face the use of your testimony in an all but certain criminal case, or refuse to answer and invoke the constitutional