Information and Insight on Criminal Law and Civil Rights
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…
Continue Reading “I Was Hoping To Avoid All Those Hearings….”
When I was a young JAG lawyer, the Army insisted on my use of this goofy phrase as I would call a fact or circumstance to the attention of a witness: "directing your attention to exhibit A, can you identify the item for the court." It had a nice "legal" sound to it and it was easy to remember. Candidly…
Continue Reading Directing Your Attention to Paul Luvera – Heads Up For Great Trial Lawyers!
Almost forgot about this one – Charles Hartman – pled guilty to sexual abuse of a minor in 2007. On January 13th a jury awarded his victim $1.9 million. Boise lawyer Walt Bithell represented the victim, who was 16 at the time she was molested. Speaking about the role of the civil case:
"The civil case is designed to do…
Continue Reading In Boise – Jury Awards Sex Abuse Victim $1.9 Million
When I was at the Trial Lawyers College I met Daniel Rodriguez – a mild mannered civil rights lawyer from Bakersfield CA. He showed me there that he was simply one of the greatest story tellers in the class and undoubtedly one of the great trial lawyers in the country. He has a home town style that quickly captivates those…
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
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…