Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Trials

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Just One Tool – Protecting Your Sixth Amendment Rights

Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, Trials
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading

Domestic Battery or Domestic Violence in Idaho – Prosecutors In Ada and Canyon County Treat These As Very Serious

Posted in Criminal Defense, Trials
Today’s post is authored by Boise lawyer Courtney Peterson. Courtney’s practice focuses on criminal defense and child custody. What does it take for your simple assault or battery charge to be elevated to a crime of domestic battery or domestic violence? Not much. An act as simple as grabbing your live-in boyfriend or girlfriend by the wrist might… Continue Reading

Idaho Criminal Defense Blog Is About Content – Free Information For You On Criminal Defense In Idaho

Posted in Assistance of Counsel, Civil Rights, Civil Trial Practice, Constitutional Law, Criminal Defense, DUI, Hire a Lawyer, Trials
Have you noticed how many attorney websites are all about the lawyer and pay no attention to the information that people charged with criminal matters are looking for? Most lawyer websites scream: "Hire me! Do it now! You might go to prison if you don’t act within the next hour! Call me now!" I hate those… Continue Reading

Jury Selection – Try To Include Potential Jurors But Get Them Talking

Posted in Civil Trial Practice, Criminal Defense, Trial Lawyers College, Trials
In the past six weeks, Courtney and I have tried two criminal cases in Ada County.  The first case charged vehicular manslaughter – two felony counts. Last week we tried a case that charged aggravated assault with a deadly weapon and injury to jails (both felonies), as well as misdemeanor counts of false imprisonment, battery… Continue Reading

“Thinner. Lighter. Faster.” It’s all about the words you use!

Posted in Advertising and Marketing, Mac Loving Trial Lawyers, Trials
 If you happened to be on the planet Earth yesterday, you could not have missed hearing about the iPad2. "Thinner. Lighter. Faster." Steve Jobs is the master communicator and you can learn something here about your case if you are a lawyer or a client. Those words tell his story – "this thing is amazing!"… Continue Reading

Time Out – Why It Takes So Long To Get To Trial

Posted in Trials
 I couldn’t help but notice this morning that a judge on Wednesday postponed the trial of Roger Clemens "for three months" moving it into July. Not long ago I listened as the parents of a child who had been beaten up by classmates complained to the judge that it had taken entirely too long to… Continue Reading

Can You Answer The Jury’s Questions? You Need To Do So To Win

Posted in Trials
 I occasionally (OK – often) mention Paul Luvera and his careful study of the business of trials. The truth is, guys like Luvera have been doing this stuff forever. Or so it seems. And with that experience comes wisdom. We all want wisdom. At least that is what I want to believe. I also believe… Continue Reading

Jury Instructions Do Not Instruct – They Confuse

Posted in Trials
 If you have ever been to a trial and watched the drama unfold, you likely know that it all comes apart like an old thatch roof in a windstorm when the jurors hear, then see, and try to interpret the jury instructions. It is true. Jury instructions confuse jurors, they seldom instruct them on anything.… Continue Reading

Jury’s Back – and hung

Posted in Trials
 Thirteen months have passed since Ahmed Cepalo was killed outside Backstreet Billiards. Jeremy Hobbs was charged with murder and we commenced the trial of that case on April 12. It ended today with a hung jury. Mistrial. Do – over. Jeremy remains in jail awaiting a conclusion to this case. I won’t discuss it here… Continue Reading

“Sorry but he is preparing for a trial ….”

Posted in Trials
 My great and patient assistant Patty had to take a little heat yesterday from a couple callers who wanted to talk to me about their cases. "Sorry but he can’t take your call today." It was the absolute truth. I know there is stuff going on out there in the world of criminal defense, but… Continue Reading

Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions, Trials
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… 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

When Troubles Come – They Come In Battalions

Posted in Trials
 This week I am in trial preparation mode and only this morning checked my email for the past five days.  In my email I found a post  to a blog written by Trial Lawyers College great, Paul Luvera. Luvera is a master of the game and a wonderful teacher.  If you are a lawyer reading… Continue Reading