Category: Archived
State of the Judiciary Address
Chief Justice G. Richard Bevan Delivered to the Idaho Senate and Idaho House of Representatives on January 18, 2023. Introductory Remarks Have you ever considered that Idaho’s courtrooms are the only places in the state where our citizens can witness…
Read Full ArticleAn Interview with Justice Robyn Brody
Sarah E. Tompkins In recent years, the Idaho Supreme Court has been tasked with deciding issues that have a wide-ranging impact on the law in Idaho – many of these resolving issues of first impression. In doing so, their decisions…
Read Full ArticleMaximizing Your Client’s Chance of Success in Federal Habeas
Jonah J. Horwitz Most of the time, the lawyers who specialize in representing habeas petitioners in federal court are treated as curiosities by the rest of the criminal defense bar. That is for good reason, as habeas law is complex,…
Read Full ArticleThe Return of the General Warrant
Benjamin M. Onosko Introduction This article examines the modern police practice of conducting pretextual stops on the motoring public to initiate criminal investigations without reasonable suspicion or prior judicial approval; and its comparison to the British practice of using general…
Read Full ArticlePleading the Fifth and the Erosion of Due Process
K. Jill Bolton The 5th Amendment with US Constitution in the background The phrase “pleading the Fifth” or “taking the Fifth” likely sparks different thoughts for different types of legal practitioners. Advising a client to assert his or her Fifth…
Read Full ArticleWhat Your Kids Need to Know About Search and Seizure
Johnathan R. Baldauf At least 30.2% of American youth will be arrested by the time they are 23.[i] For parents of boys, the numbers are worse: 23-year-old young men are 2.1 times more likely to be arrested than 23-year-old young…
Read Full Article<strong>How the Pandemic Altered the Criminal Defense Landscape</strong>
Jessica A. Harrison Our post-COVID-19 world is undoubtedly a different world than the one we were accustomed to before 2020. We can self-administer nasal swabs just as naturally as we brush our teeth, our plant collections are robust and thriving,…
Read Full ArticleDiscovery Delayed is Justice Denied: Discovery Delays in Misdemeanor Cases
Justin A. Bowles “Justice delayed too long is justice denied.” – Dr. Martin Luther King, Jr., Letters from Birmingham Jail Introduction Discovery, the right to have all the evidence the State has, is fundamental to the criminal justice system; it…
Read Full ArticleBar Counsel’s Office Department Report
Joseph N. Pirtle The work of Bar Counsel’s Office is primarily divided into four categories: (1) investigating and prosecuting alleged violations of the Idaho Rules of Professional Conduct; (2) assisting with claims to the Client Assistance Fund; (3) assisting the…
Read Full ArticleCommissioner’s Column: 2022 in Review
Gary L. CooperCommissionerSixth and Seventh Districts Clear Water drop with circular waves By the time this is published we will be at or near the end of the first quarter of 2023. However, I am writing this just as the…
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