Information and Insight on Criminal Law and Civil Rights
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
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 this, go to his blog…
Continue Reading When Troubles Come – They Come In Battalions
In a year that I have not found myself in trial that often (only one other time), I am happy to report that I heard those words again on Friday – Not Guilty, Not Guilty, Not Guilty, Not Guilty and – Not Guilty. The case involved fish and game violations and my client, an Outfitter whose very life depends on…
Continue Reading In A Slow Year For Actual Trials – Judge and Jury Say “Not Guilty” FIVE TIMES
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…
On a day when Canyon County Prosecutor John Bujak announced that his office had taken over the contract to provide "prosecutor services" to the City of Nampa, his office also announced that it had charged a 15 year-old girl with tricking another girl into sending her a nude photo, which she then distributed to other students at her high school.
Continue Reading Now It’s “Sexting” – Canyon County Prosecutors Charge 15 Year Old Girl
If you live in the Boise – Nampa – Caldwell, Idaho area you cannot have escaped the most recent news story on another apparent homicide by a fourteen year old Caldwell Middle School student. That’s right friends – 14. As in "how many kids can you stuff in a VW Bug?" Fourteen – if they are little Middle School kids.
I love to read other criminal defense lawyer’s perspective on what we do. So as I am waiting out big winds here in Maui, I just read a great post involving legendary criminal defense lawyer Roy Black and his defense of auto racing superstar Helio Castroneves – who fought the man and won! Check out the post here.
Here’s…
Continue Reading Never Give Up – Defense Lawyers Are Counterpunchers
In an article on the Idaho Statesman website today, we learned that the State has cut a deal with a truck driver who killed two people when his big rig bashed into a stopped passenger car. The deal – driver gets a couple MISDEMEANOR counts of vehicular manslaughter. Read the article here.
The driver, Gregory Roberts, killed Boise residents…
Continue Reading Remember How I Said Truck Drivers Kill – This One Gets A Misdemeanor