Battery State v. Hall CR-2017-05510

Not Guilty verdict after Jury Trial

Trafficking in Methamphetamine State v. Sedlacek CR-2017-16169

Case dismissed following Motion to Suppress

Trafficking in Methamphetamine State v. Enriquez CR-2017-12773

Case dismissed following Motion to Suppress

Harley Janasik, APPEAL from finding of PROBATION VIOLATION

Appeal granted and case dismissed.

James Paul Thompson, Resisting and Obstructing Officers

DISMISSED after filing a motion to dismiss.

James Scott Thompson, FELONY Leaving the Scene of an Injury Accident

NOT GUILTY (Canyon case CR-2013-19969).

Raul Gomez, FELONY ATTEMPTED STRANGULATION DISMISSED. DOMESTIC BATTERY in the Presence of a Child and Malicious Injury to Property

NOT GUILTY all counts after trial.  (Canyon case CR-2013-20679).

James Hayden Benson, Felony Possession of Controlled Substance and Felony Possession of Greater than 3 Ounces of Marijuana

All Counts DISMISSED following a motion to suppress (Canyon case CR-2013-13206)

Timothy Thatcher, DUI and DWP

Timothy Thatcher, DUI and DWP.

Skyler Knappenberger, Frequenting a Place Where Drugs are Present

Skyler Knappenberger, Frequenting a Place Where Drugs are Present.

John Cotner, Domestic Violence in the Presence of a Child

John Cotner, Domestic Violence in the Presence of a Child.

State v. Anderson, Court of Appeals Opinion

Diane Gale Anderson (Anderson) appeals from her conviction in the magistrate division of the district court for violating a no contact order. She contends that the trial court erred by refusing to admit a note which Anderson proffered as evidence. The district court on an intermediate appeal upheld the trial court’s decision to exclude the evidence. We reverse the district court’s decision and remand the case for further proceedings in the magistrate division.

State v. Fernandez, Domestic Battery in the Presence of a Child, Malicious Injury To Property

This case started as a felony Attempted Strangulation.  The State ultimately dismissed the felony and proceeded to jury trial on the two misdemeanors.  After a day of trial that included numerous pictures of alleged injuries and property damage as well as police testimony of alleged admissions Mr. Fernandez made, the jury returned a swift and just NOT GUILTY verdict.

State v. Flores, Domestic Battery in the Presence of a Child

This was another delayed reporting case in which wife called police at 10:00 PM on a Sunday evening to report the alleged battery from Wednesday night.  In the 911 call she proclaimed she wanted him arrested “for adultery, beating my ass, or ANYTHING.”  It was clear to the jury this woman knew how to use the police department itself to control Mr. Flores whenever she became jealous for wrongly perceived infidelity.  NOT GUILTY

State v. Werrbach, DUI Second Offense

In this case Mr. Werrbach was charged with a DUI 2nd offense but was functionally facing a felony DUI as he had a prior DUI in 2004 and another DUI pending at the time of trial. Had we lost, the other pending DUI would have been amended to a felony. Police became involved because he and an acquaintance were broken down on the side of the freeway. He blew .23 after being arrested by ISP. I argued he was not the driver. He was acquitted after jury trial.

State v. Thomas, DUI

Here, Mr. Thomas was stopped by ISP. He was ordered from the vehicle where he performed standardized field sobriety tests. ISP patrol vehicles actually have video attached to them. At the station Mr. Thomas refused to give a breath sample for his BAC. At the DUI trial I used the audio and video to argue he was not impaired. Nick was acquitted after jury trial.

State v. Carlson, DUI Second Offense

In this case, Ms. Carlson was charged with a 2nd offense DUI. She was stopped by a Boise police officer and later refused to give a breath sample. The audio from the stop revealed the officer unreasonably antagonizing Ms. Carlson. We planned to argue this was why she refused the breath test. The morning of trial we picked the jury and broke for lunch. When we returned, the state informed us they were unable to contact the officer for trial. As the jury had already been sworn in and double jeopardy had attached, the state was forced to dismiss.

State v. Archer, Domestic Battery in the Presence of a Child

Mr. Archer was married and about to file for divorce. After he was already moved out his wife called police and claimed he had battered her four days earlier. To bolster her claim, she told police that she had in fact called police the night of the incident and that they had responded. At trial the officer had to admit there was no record of the alleged earlier call to police. In an attempt to rehabilitate the case, the officer testified that losing these sort of records is not uncommon. The jury saw through the plethora of untruths in the case and found Mr. Archer NOT GUILTY.

State v. Cox, Domestic Battery in the Presence of a Child

This domestic battery case involved a “victim” who was totally vindictive toward my client and cooperative with the State. To make matters worse, there was an independent witness old neighbor lady who testified she saw my client grab “victim” by the jacket and throw her off the front porch. Despite all this, the jury found Mr. Cox NOT GUILTY.

State v. Lambeth, Battery

This battery case involved a fight that took place between Mr. Lambeth and his ex girlfriend’s dad. After a day of jury trial the jury came back NOT GUILTY.