A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v. Cantrell, decided by Judge
Criminal Defense
Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!
The problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles to San Diego – even…
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“I Was Hoping To Avoid All Those Hearings….”
By Chuck Peterson on
I had a really nice woman in my office today who wanted to hire me to be her lawyer in a felony case. Her biggest block was, well – money. She said she had been "hoping to avoid all those hearings" and thereby make it possible to hire me. Fewer hearings means less time spent on the case and less…
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Why Do Federal Investigations Take So Long?
By Chuck Peterson on
Posted in Criminal Defense
This week’s first call from a potential client posed the question: Why do federal investigations take so long? Long is right! I am involved in a fraud case in federal court (potentially) that began nearly 5 years ago, and like that rabbit it just keeps going and going and going and – well you get it. Federal prosecutors are like…
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In Haiti There Is No Presumption of Innocence
By Chuck Peterson on
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 are trafficking in children. Sick.
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9th Circuit Says Intent to Defraud is the Intent to Cheat
By Chuck Peterson on
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…
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Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance
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 to be diligent and leave…
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Idaho Court of Appeals Says Child’s Exposure to Sexual Activity May Be Admissible – Or Maybe Not
By Chuck Peterson on
Posted in Criminal Defense
“Molen’s constitutional right to present a defense was not infringed, however, for this constitutional guarantee does not afford a criminal defendant a right to present irrelevant evidence.”…
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Define Your Core Message – Telling Your Story
By Chuck Peterson on
Posted in Criminal Defense
If you are charged in a criminal case, you have a story. You know intuitively that you have to answer that "what happened" question, if only to yourself, your family and your lawyer. You understand that your freedom depends on the answer and ultimately, your story. And you likely understand that you should have a good lawyer to help you…
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Idaho Appellate Court Says Judge Had Duty To Order Mental Evaluation
By Chuck Peterson on
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…
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