Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

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Tiemann – Not Guilty of Felony Vehicular Manslaughter

Posted in Criminal Defense, News
Earlier today I was waiting for that jury to return.   They’re back… John Tiemann had been through three weeks of trial on two felony charges of vehicular manslaughter.  The State said he was guilty of causing the deaths of Tom and Mary Woychick while driving while under the influence of drugs –  diphenhydramine (Benedryl)… Continue Reading

Guns On Campus – What do you think?

Posted in News
 A reader of this blog sent me a link to a post on matchcollege.com that identifies ten colleges that permit students to show up for class "armed and dangerous."  This is an interesting reminder that the debate has been resolved in some locales.  I grew up in Montana. Every male student took shop class and… Continue Reading

Enrico Ponzo Headed To Boston – So How Important Is A Changed Life?

Posted in News
 Reputed Boston mobster Enrico Ponzo is leaving Idaho in the custody of the United States Marshal’s Service, headed to Beantown to face charges arising out of his life before Marsing. United States Magistrate Judge Ron Bush refused Ponzo’s request to remain free and appear voluntarily at his next hearing, finding that he had been too… Continue Reading

Blackfoot Sex Charges Dismissed – Lessons In Discernment

Posted in Crime Victims, Criminal Defense, News
 KTVB news reported last night that all felony charges filed against five former Blackfoot high school football players have been dismissed, leaving only misdemeanor charges of battery. A few weeks ago the allegations gained international news status, and were discussed openly by national news programs and radio call in shows. Generally, the stories made it… Continue Reading

Canyon County Prosecutor Owes $280,000 To County – How Did This Happen?

Posted in News
 There is this practice in Idaho of allowing County prosecutors to handle City cases on a contract basis. So small town hires County PA to prosecute misdemeanor cases, rather than have their own City prosecutor or some private law firm that functions as the City’s lawyer. County Prosecutors have been doing this across the state… Continue Reading

Sara Weaver News From Statesman – “Forgiveness”

Posted in News
 I decided that I should direct you to an article in today’s Idaho Statesman in which Sara Weaver reports that she has forgiven federal agents who shot and killed her mother and brother on Ruby Ridge. I was lucky enough to represent Randy Weaver with Gerry Spence and Garry Gilman when he was charged with… Continue Reading

In Haiti There Is No Presumption of Innocence

Posted in Criminal Defense, News, Politics
 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… 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

Why Did He Plead Not Guilty – His Pants Were On Fire!

Posted in News
 A guy at the store was incredulous – "how could he have pled not guilty!  His pants were on fire and his leg almost melted into the seats!"  "Yeah," his wife chimed in, "adds new meaning to the term fire ball!" And so it goes. Kind of like "how could you represent someone that guilty?" … Continue Reading

Idaho Appellate Court Says Judge Had Duty To Order Mental Evaluation

Posted in Constitutional Law, Criminal Defense, News, Trials
 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… Continue Reading

Idaho Middle School Teacher Goes To Prison For Sex With Student

Posted in News
 Kari Atkinson, a 28-year-old former middle school teacher will spend at least two years in prison for having sex with her 14-year-old student.  To protect the boy, the court also ordered that she not have any contact with him for eighteen years.  The sentence includes two years fixed time – that is time that must… Continue Reading

911 Mastermind To Be Tried In Federal Court

Posted in Criminal Defense, News, Politics
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… Continue Reading

Boy Who Killed Pavlis Will Be Charged – As A Juvenile

Posted in News
 A 16 year-old Boise boy will face a criminal charge of vehicular manslaughter for his actions that are alleged to have caused the death of Kevin Pavlis.  Kevin worked at Idaho Mountain Touring and was well known in the bicycle community. His death – just a day before Boise’s Ironman 70.3 race – left his… Continue Reading

Idaho Statesman Got It Wrong – There Are No Test Results That Indicate John Tiemann Was Positive For Drugs Or Alcohol

Posted in Criminal Defense, News, Trials
 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… Continue Reading

Robert Manwill’s Mother and Her Boyfriend Charged With Murder

Posted in News
 Late breaking news – although it seemed so likely that the term NEWS may not get us there – Robert Manwill’s mother Melissa Jenkins and her boyfriend Daniel Ehrlick have been charged with First Degree Murder.  First Degree Murder carries with it the possibility of the death penalty – an issue which is more complex… Continue Reading

Taser Update – Charlotte Agrees To Pay $625,000

Posted in Civil Rights, News
You may recall that I recently wrote about an incident involving a Boise man who was Tasered against Boise Police Department policy and the City Ombudsman’s decision that the officers had violated their policy and his rights.  He planned to sue for damages while local officials could not find a criminal charge to use against the… Continue Reading

Judge To DBSI President – Testify Or Else

Posted in Criminal Defense, Fraud, News, Trials
 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… Continue Reading
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