Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

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Chuck Peterson

Courtney Peterson

William Young

Latest from Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Three things I learned or confirmed from last week’s self-defense ACQUITTAL

By Chuck Peterson

February 18, 2020

Last week I tried an aggravated assault with deadly weapon (AR15) case that resulted in those two beautiful words: NOT GUILTY. The case involved a former military service member accused of using his firearm to threaten ten neighborhood folks who had gone to his home on the 4th of July to “get an explanation” for his having run over their fireworks bucket. The case sounded more like an angry mob than friendly neighborhood dispute.…

Idaho Criminal Defense Blog

Tamarack Explosion and Fire Case Settled

By Chuck Peterson

January 27, 2020

The lawsuit brought by the victims and survivors of the explosion and fire at Tamarack Resort in 2017 has been settled. The settlement amount is confidential. With Dan Fleck and Gabe Phillips from the Spence Law Firm in Jackson Hole, Wyoming, we represented James Harper, whose son and grandson tragically died as a result of a gas leak, that led to an explosion and fire in a rental cabin at Tamarack Resort. This was a…

Idaho Criminal Defense Blog

Scandalous: Ruby Ridge Episode 1

By Chuck Peterson

January 12, 2020

Tonight Fox News begins its three part series on Ruby Ridge. Shameless self-promotion on this one. They filmed part of it here in Boise last May, so no idea where this goes! …

Idaho Criminal Defense Blog

Arresting Development – that warrantless misdemeanor arrest may violate the protections of the constitution

By Chuck Peterson

September 30, 2019

This summer the Idaho Supreme Court considered the circumstances in which a law enforcement officer may make an arrest for a misdemeanor not committed in his or her presence. State v. Clarke involved an arrest for misdemeanor battery reported by a woman in a park. She claimed Clarke had harassed her and grabbed her rear-end. Clarke admitted he had touched her but claimed it was consensual. Under Idaho law, a misdemeanor usually requires the act to…

Idaho Criminal Defense Blog

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

By Chuck Peterson

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

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

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

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

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

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

Information and Insight on Criminal Law and Civil Rights

Blog Authors

Three things I learned or confirmed from last week’s self-defense ACQUITTAL

Tamarack Explosion and Fire Case Settled

Scandalous: Ruby Ridge Episode 1

Arresting Development – that warrantless misdemeanor arrest may violate the protections of the constitution

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.

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