Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

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Chuck Peterson

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Latest from Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

When May Officers Use Deadly Force? The answer may confound you!

By Chuck Peterson on September 3, 2019

Deadly force. The subject is frequently in the news and often becomes the subject of even local conversation. When a law enforcement officer uses deadly force against someone it amounts to a seizure of that person, and the Constitution prohibits unreasonable seizures. So the simple question posed in such a case is whether deadly force was reasonable under the circumstances of the case. The Supreme Court in its 1989 Graham v. Conner decision said that whether…

Idaho Criminal Defense Blog

The Decision Maker – convincing 12 people of anything is nearly impossible!

By Chuck Peterson on June 5, 2019

A while back (what’s a couple months between friends) I wrote a post about inherent bias and prejudice, the premise of which was that it is difficult for the defendant to win any criminal case because jurors – the decision makers – start with a bias in favor of the prosecution. They prejudge the defendant because he is charged with a crime and often because he (or she) “looks guilty,” whatever that means! They tend…

Idaho Criminal Defense Blog

IACDL Members Bring Down the House – Kids At Endeavor Get Christmas!

By Chuck Peterson on May 14, 2019

Idaho Association of Criminal Defense Lawyers gave and gave and gave so that kiddos in Nampa could have Christmas! Here’s the video proof! Thanks for your incredible generosity and thanks to the administrators, staff and crazy great teachers at Endeavor! Merry Christmas!…

Idaho Criminal Defense Blog

Start with Bias and Prejudice – your story must deal with these or you lose!

By Chuck Peterson on April 3, 2019

Impartiality is a myth. So the idea that you will start with an impartial jury or fact finder (maybe a Judge) misses the mark. We all have inherent bias and prejudice that colors our decision making. All of us. Let’s start with a simple example involving cars. I have a bias (or preference) in favor of Westfalia vans and Porsche 911s. The two are polar opposites – sexy German sports car and utilitarian German fun…

Idaho Criminal Defense Blog

On Slate Now – Standoff – Ruby Ridge Revisited

By Chuck Peterson on December 11, 2018

Slate Magazine has done a great job recounting what happened at Ruby Ridge in its Podcast Standoff. Listening now and remembering how life can turn in an instant. Want the inside story? Ron Howen, Gerry Spence and others tell the story from their viewpoint. Episode 4 tells how the FBI held back the most important evidence in the case, Lon Horiuchi’s drawing of what he saw when he fired the shot that killed Vicki Weaver.…

Idaho Criminal Defense Blog

There’s A Problem With DNA Testing At Crime Labs – They Often Get It Wrong.

By Chuck Peterson on September 22, 2018

Boise State University Professor Dr. Greg Hampikian is a Biologist whose work has identified persons wrongly accused and convicted of crimes. He is regarded as one of the foremost forensic DNA experts in the United States and beyond. He is the founder of the Idaho Innocence Project, which, along with other state Innocence Projects, has helped to clear hundreds of persons wrongly convicted. Those convictions have often been based on faulty science and false confessions.…

Idaho Criminal Defense Blog

There’s a problem if you buy CBD oil in Idaho – it may be a crime.

By Chuck Peterson on September 19, 2018

Yesterday I posted about Idaho’s tough marijuana laws. Is Idaho any closer to legalizing marijuana-based products? How about cannabidiol (CBD) oil? I don’t think so. It seems like every week I receive an email solicitation offering to sell me CBD oil, ordered online and delivered by mail to my home or office. Each such offering indicates that CBD oil is a lawful product in all states, including Idaho. I am not so certain.…

Idaho Criminal Defense Blog

Idaho’s Marijuana Laws Are Tough!

By Chuck Peterson on September 18, 2018

Idaho’s Marijuana Laws Are Tough – Maybe Even Unfair! I spent time yesterday driving to and from a rural courthouse in Western Idaho for a hearing on a marijuana case. The charge – felony possession of marijuana – arises out of a car having been stopped near the Oregon border during early morning hours for traveling too slowly. That’s right, too slowly. Officers claim they smelled marijuana, and the Oregon driver admitted the illegal weed…

Idaho Criminal Defense Blog

That Medical Marijuana Card Can Prevent You From Buying A Gun!

By Chuck Peterson on August 1, 2018

In 2016 the Ninth Circuit Court of Appeals ruled in Wilson v. Lynch (9th Cir. Case No. 14-15799) that medical marijuana cardholders are prohibited from purchasing firearms based on federal regulations. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an Open Letter to gun dealers in 2011 stating that, “If you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law,…

Idaho Criminal Defense Blog

“She said she was 19. How can I be charged with RAPE?”

By Chuck Peterson on July 19, 2018

I frequently get this question – “how can they charge me with rape? She said she was 19!” The answer is simple, a representation of the age of an apparently consenting person means nothing! Bupkis! Nada! Absolutely nothing! What matters is the age of the person – that is – the ACTUAL age.…

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Blog Authors

When May Officers Use Deadly Force? The answer may confound you!

The Decision Maker – convincing 12 people of anything is nearly impossible!

IACDL Members Bring Down the House – Kids At Endeavor Get Christmas!

Start with Bias and Prejudice – your story must deal with these or you lose!

On Slate Now – Standoff – Ruby Ridge Revisited

There’s A Problem With DNA Testing At Crime Labs – They Often Get It Wrong.

There’s a problem if you buy CBD oil in Idaho – it may be a crime.

Idaho’s Marijuana Laws Are Tough!

That Medical Marijuana Card Can Prevent You From Buying A Gun!

“She said she was 19. How can I be charged with RAPE?”

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