Self Defense Results in Dismissal of Murder Case  In two recent cases, the potential use of self-defense resulted in dismissal of murder charges against our clients. Self-defense is alive and well, at least when you have prosecutors who approach their cases mindful of how a jury will likely view the evidence. Of course, it also helps to have the facts to support the defense! In State v. R.C. our client was charged with second degree murder in Canyon County. We substituted in as counsel after a lengthy discovery process by his first lawyer had resulted in an offer by the State to ..read more

I just finished a criminal trial and a week later, mediation in a civil case. Each reminded me that this is an adversarial system. Your case is not necessarily about the truth. Harsh? Maybe, but that is the reality. Whatever type of case you are involved in, the legal process involves two different narratives, or stories. In the criminal case there is the prosecutor’s version of guilt and your version of innocence. It’s winner take all in the criminal courts, with your life and freedom on the line. In a civil case (for example personal injury or wrongful death), there are also two stories. As ..read more

You may have read that my dad, Chuck Peterson has returned to our law firm, Peterson Lawyers, after a year as the Executive Director of the Federal Defenders of Idaho. His selection to lead that organization a year ago was an occasion for celebration, and loss. I was proud he had been selected to lead the great lawyers and staff at FDSI, but I was also sad to see him leave private practice. Privately, I figured he would be back.  Now that he is, I am happy to announce that Chuck has again been recognized as by Super Lawyers, for 2022. He has also been reviewed by Martindale-Hubbell as an ..read more

I thought it might be good to go through some of the basics in case you have been charged in a criminal case. First though, remember that a charge is just that. A claim. Something that someone says happened. The charge is not proof of anything and the presumption of innocence remains one of our most basic rights. The state or the government must PROVE that you committed a crime. They must prove that by legal and competent evidence establishing guilt beyond a reasonable doubt. That standard is much higher than in a civil case. Most jurors I ask say that proof beyond a reasonable doubt is almost ..read more

A year ago I left private practice to become the Executive Director of the Federal Defender Services of Idaho (FDSI). I became the head of the office, hoping to manage, supervise employees and practice federal criminal defense. I had been handling federal criminal cases as private counsel and as a member of the Criminal Justice Act Panel (CJA) since leaving the Army in 1985. The Defender job seemed like a good fit, but by springtime I was seriously missing the courtroom and my old private practice. The Executive Director position simply did not provide enough time for me to be a good manager ..read more

   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. Tempers had flared and in the end, our client responded with his gun, standing between the crowd of 10 or more adults and our client’s young wife. Theory here – de ..read more

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 very sad case. While we are happy our client recovered, no amount of money can bring back the time and opportunities lost for Jim,  his son and grandson. The loss of life was trag ..read more

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 ..read more

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 be witnessed by the officer making a warrantless arrest. There are certain misdemeanors (as described below) which state law permits a warrantless a ..read more

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 the use of deadly force is reasonable “is not capable of precise definition or mechanical application.” The facts and circumstances of ea ..read more