New American Chemical Society Study Reconfirms Most US Currency Tainted by Cocaine

A new study conducted by the American Chemical Society has determined that up to 90% of U.S. paper money contains traces of cocaine. The new figures represent a significant jump over that reported by previous studies. A press release from the ACS can be found here: http://portal.acs.org/portal/acs/corg/content?_nfpb=true&_pageLabel=PP_ARTICLEMAIN&node_id=222&content_id=CNBP_022755&use_sec=true&sec_url_var=region1&__uuid=8d3f6f8b-f2dd-47a6-9083-e76cd2de2d4c

Dicta: "Estrada did not announce a new rule of law entitled to retroactive effect."

The case in which we anticipated a ruling on whether Estrada v. State should be given retroactive effect was issued on Friday. The Court, however, affirmed the dismissal on an alternative ground, i.e., that the petition was untimely.

Here's the interesting part: "Finally . . . we note, admittedly by way of dicta, that we agree with the district court's conclusion that Estrada did not announce a new rule of law" as the holding in Estrada was compelled by prior decisions.

Vavold v. State,
http://www.isc.idaho.gov/opinions/Vavold%20v%20%20State%20-%20FINAL.pdf

On a related note, Kris Estrada was resentenced on Friday. His fixed time was reduced from 25 years to 15, but he received a consecutive four year term for a battery on a police officer charge he picked up in the Twin Falls County Jail while awaiting resentencing.

Defense Lawyer Said to Have Foiled Perjury for Pay Plot

Twin Falls defense attorney Lynn Dunlap has come up with a clever method for getting impeachment evidence on the state’s witnesses: Get them arrested for attempting to sell their testimony.

Here's the short version: Dunlap’s client is charged with aiding robbery, aiding aggravated battery and grand theft. Robert Barton is the alleged victim. Barton and Kimberly Pena-Souza are witnesses in the case. Barton, however, allegedly made contact with Dunlap and offered to change his testimony.


Dunlap alerted the prosecutor’s office and then arranged, under the direction of the police, a meeting with Barton. A video camera and audio recorder were set up in Dunlap's office. At the meeting, Mr. Barton is alleged to have offered to change is his testimony for $15,000.

Pena-Souza is charged with soliciting $5,000 for herself.

According to the Twin Falls Times-News:

"Dunlap promised to pay in full after their ‘successful testimony’ though Barton on Monday accepted $1,000 from Dunlap and was arrested at Dunlap's office with the cash in hand, according to court records. Pena-Souza was also arrested Monday on her way to pick up her down-payment, and later admitted to detectives she expected a total of $5,000, according to court records."

Read the Times-News story at: http://www.magicvalley.com/articles/2009/08/20/news/local_state/168946.txt



Kudos to Lynn Dunlap for coming up with the most creative way to get impeachment evidence on the state's witnesses ever. But, hasn't anyone seen Francis Ford Coppola's classic movie: The Conversation? (Starring Gene Hackman, photoillustrated above.) Always go outside and keep moving when you discuss bad business.

Congratulations

Fifth District Judge John Melanson has been selected for the open Court of Appeals position.
http://gov.idaho.gov/mediacenter/press/pr2009/praug09/pr_052.html

Scalia's Catholic Betrayal

A must read from The Daily Beast. http://www.thedailybeast.com/blogs-and-stories/2009-08-18/scalias-catholic-betrayal/

Not Enough Time or Money to Defend Detroit's Poor

"Groups of lawyers and advocates have filed lawsuits in states from New York to Florida to Arizona charging that low-income people can't get a fair trial. Public defenders in Kansas and Minnesota are refusing cases outright.

In Michigan, the system has been broken for decades. Detroit public defenders face abysmal pay, unmanageable caseloads and flimsy oversight."

Listen to this story from All Things Considered on National Public Radio. It really illustrates how high caseloads affect lawyers who have good hearts, but no time or resources to do the job. The lawyer featured in the story doesn't get paid for telephone calls or letters to his clients and is only paid for one jail visit. So he has practically no communication with his in-custody clients. To see how this guy deals with and talks about his clients is shocking but then you wonder how anyone can keep their humanity in that system.

It was a good reminder to me that I work for my clients, not a system, and I owe my clients time and respect and sincere concern.
http://www.npr.org/templates/story/story.php?storyId=111811319&ps=cprs

Chief Justice Recuses Self From Bradbury Case

Chief Justice Eismann has recused himself in the Judge Bradbury case (In the Matter of the Inquiry Concerning District Court Judge John H. Bradbury, No. 36175). The Chief Justice presided over oral arguments on July 22, but recently issued an order recusing himself.

According to the Spokesman Review, the Chief Justice wrote:

“ 'The only reason for obtaining that information [i.e., who filed the Judicial Complaint against Judge Bradbury] would be retaliation,' the chief justice wrote in his recusal order. That, he wrote, 'could have a chilling effect on others who may desire to report possible violations of the law by members of the judiciary.' So Eismann essentially said he recused himself to remove the basis for the federal lawsuit. Eismann wouldn’t comment on the pending case and said his recusal notice speaks for itself.

Bradbury was incensed by Eismann’s retaliation allegation and said he’s never sought retribution against anyone. 'By asserting the pretext of retribution, Justice Eismann also betrays a profound personal animus against me,' Bradbury declared."

August 16, 2009, Spokesman Review, "Case points out judge’s dual role," by Betsy Z. Russell:
http://www.spokesman.com/stories/2009/aug/16/case-points-out-judges-dual-role/

I think the Chief Justice made the right call here. It certainly improves the Court's position in the pending federal lawsuit, although there is more to it than the disclosure issue (See "SCOID Sued in Federal Court," from July 20). Also, it just doesn't look right to the public to have the Chair of the Judicial Council also participate --indeed preside -- over the appeal of a Judicial Council decision, irrespective of what role he had in the proceedings below.