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Idaho, 586 U.S. ___, 139 S. Ct. 738 (2019), was a case in which the United States Supreme Court held that the presumption of prejudice for Sixth Amendment purposes applies regardless of whether a defendant has waived the right to appeal.
Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse.
This is because constitutionally permissible activity may not be chilled because of a statute's vagueness (either because the statute is a penal statute with criminal or quasi-criminal civil penalties, or because the interest invaded by the vague law is sufficiently fundamental to subject the statute to strict scrutiny by a court determining ...
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The Idaho Supreme Court heard oral arguments in a Boise neighborhood association’s fight to stop the shelter. Idaho’s top court just heard arguments against a new Boise homeless shelter. What ...
In the United States, prosecutions for breach of the peace are subject to constitutional constraints. In Terminiello v.City of Chicago (1949), the United States Supreme Court held that an ordinance of the City of Chicago that banned speech which "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First ...
The first appeal, which the Idaho Supreme Court unanimously rejected earlier this month, said Creech’s death sentence was unconstitutional because it was imposed by a judge rather than a jury ...
On March 24, 2020, Governor Brad Little signed into law S1385, a trigger law stating that if and when states are again allowed to ban abortion on their own authority, performing an abortion would be a felony in Idaho except for cases of the life of the mother, rape, or incest; [1] [2] [3] exceptions are not made for the health of the pregnant person nor of the fetus. [4]