Information and Insight on Criminal Law and Civil Rights
The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of years. For example – if…
Continue Reading Idaho’s Civil Action For Victims Of Sexual Abuse Not Applied Retroactively
Six inmates sentenced to death for various murders will not receive new trials or new sentencing hearings, according to a decision of the Idaho Supreme Court. The US Supreme Court ruled in Ring v. Arizona, that the Sixth Amendment‟s jury trial guarantee requires that a jury find an aggravating circumstance necessary to impose the death penalty instead of a…
Continue Reading No Retroactivity For Six Sentenced To Death In Idaho
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…
Continue Reading Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!
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…
Continue Reading Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance
At least once a week I get that call from a family member who wants me to help correct "an obvious miscarriage of justice" that has resulted in their father/mother/sister/brother or other family member being incarcerated. "The lawyer forced him to plead!" That was this weeks version of the always popular "please, please help me make this right!"
Before I get…
I am not a psychologist – and I don’t play one on this blog, but the Idaho Court of Appeals has decided that criminal defense lawyers need to pay attention to their clients’ mental states at the time they enter a plea of guilty. In Ridgley vs State of Idaho, decided August 6, Judge Lansing held that the appellant’s…