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

 Reports tonight indicate that the City of Boise has passed new city laws designed to protect bicyclists on our streets. The ordinances would arguably provide new ways to criminalize driving too close or too aggressively around bicyclists. The truth is the new laws may make us feel safer while riding two wheelers on the road but they will do nothing

Continue Reading City Passes New Laws To Protect Bicyclists – But Really, Do We Need More Laws?

 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?" 

Here’s how the press reported

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

 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

 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 be served before Atkinson is

Continue Reading Idaho Middle School Teacher Goes To Prison For Sex With Student

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

 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 young wife and child without

Continue Reading Boy Who Killed Pavlis Will Be Charged – As A Juvenile

 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

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

 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 than it seems whenever we

Continue Reading Robert Manwill’s Mother and Her Boyfriend Charged With Murder

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 officer.  Today we have a

Continue Reading Taser Update – Charlotte Agrees To Pay $625,000