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Garza v. 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. [1]
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 ...
On December 22, 1971, Governor Cecil Andrus appointed Bakes to a seat on the Idaho Supreme Court vacated by the retirement of Clay V. Spear. [4] [5] [6] Bakes was chief justice from 1989 until his retirement in 1993. He authored nearly 1,000 written opinions during his judicial career, including many precedent setting cases, such as Bliss
A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion. The "void for vagueness" legal doctrine does not apply to private law (that is, laws that govern rights and obligations as between private parties), only to laws that govern rights and obligations vis-a-vis the government.
Anderson said the recent U.S. Supreme Court precedent regarding ineffective legal counsel did not comport with prior state law adopted by the Idaho Legislature. The Idaho Supreme Court’s rulings ...
The decisions of the Idaho Supreme Court are binding on all other Idaho state courts. The only court that may reverse or modify its decisions is the Supreme Court of the United States . The court moved into its present building in 1970; it was previously housed in the nearby state capitol building.
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 ...
Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.