ID: drug court due process and not-so-incorrigible kids
I don't have much occasion to read up on Idaho caselaw since I, well, no longer practice in Idaho, but I liked these recent opinions:
State v Paul Lawrence Rogers, No. 33935 (October 22, 2007) (pdf file here):
In a unanimous decision, the Supreme Court ruled that where a defendant was required to plead guilty in order to enter into drug court, he had a liberty interest in remaining in that diversionary program, and held that drug court participants are entitled to due process rights such as those afforded to parolees in Morrissey v. Brewer prior to termination from the program. The opinion was authored by one of my old TF judges, Justice Burdick.
In the Matter of Doe, No. 33475 (November 1, 2007) (pdf file here):
The Court of Appeals found that raising one's voice a little is not sufficient to bring a youth within the purview of the Juvenile Corrections Act. I'm pleased as punch to send congratulations to the lawyer who argued and won the appeal, Robin Weeks of the Twin Falls County Public Defenders Office - I hired her, you know.
1 Comment:
Good for Robin. I still have nightmares of the wicked witch stuffing kids into ovens.
- Dennis K
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