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
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Slate Magazine has done a great job recounting what happened at Ruby Ridge in its Podcast Standoff. Listening now and remembering how life can turn in an instant. Want the inside story? Ron Howen, Gerry Spence and others tell the story from their viewpoint. Episode 4 tells how the FBI held back the most important evidence in the case,
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Among the changes to Idaho law taking effect on July 1, 2018, is an important clarification of when you can and cannot use deadly force to defend yourself, others or perhaps, your “habitation.”  The newest version of Idaho Code 18-4009 lays out the places and people you have a right to defend with deadly force. Previously Idaho focused on one’s home as a place to protect with deadly force. The law now spells out your right to use deadly force – if necessary – to your place of work and your occupied vehicle.

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I just finished reading a news story in the NY Times titled “Frail, Old and Dying, but Their Only Way Out of Prison Is In A Coffin.” It follows reporting by The Marshall Project on the same topic. The bottom line, accurately told by both is this: there are far too many old prisoners who are dying in
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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 him dead.” So it would
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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 is this proclamation:

“As part
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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 time go?

Most recent court
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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 traded him for
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