tag:blogger.com,1999:blog-14192095.post116326542973076464..comments2024-02-07T02:14:50.146-08:00Comments on Dogwalk Musings: The Spokesman Review SpeaksMari Meehanhttp://www.blogger.com/profile/09322012728807169863noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-14192095.post-1163433982696928502006-11-13T08:06:00.000-08:002006-11-13T08:06:00.000-08:00Thank you for the updates on this mess. (somehow, ...Thank you for the updates on this mess. (somehow, I find your writing more enjoyable than the newspapers)nichttps://www.blogger.com/profile/12406031304387961610noreply@blogger.comtag:blogger.com,1999:blog-14192095.post-1163354197208109712006-11-12T09:56:00.000-08:002006-11-12T09:56:00.000-08:00I forgot to include the link to Idaho Court Rule 5...I forgot to include the link to <A HREF="http://www.isc.idaho.gov/rules/crim5-1.rul" REL="nofollow"><STRONG>Idaho Court Rule 5.1</STRONG></A> that defines the procedures of a preliminary hearing.Bill McCroryhttps://www.blogger.com/profile/12569402121715690040noreply@blogger.comtag:blogger.com,1999:blog-14192095.post-1163351934777274152006-11-12T09:18:00.000-08:002006-11-12T09:18:00.000-08:00I'm eagerly awaiting the reports about the Saturda...I'm eagerly awaiting the reports about the Saturday meeting. The news reports have been somewhat inconsistent about who said what and when and where. <BR/><BR/>The most puzzling thing to me is more technical than anything. The hearing in question was a preliminary hearing. A prelim is primarily intended to determine if probable cause exists to bind the accused over for trial in district court. If the prosecutor fails to establish probable cause in the prelim, then the judge rightly dismisses the charge. If the prosecutor establishes probable cause, the accused is bound over for trial in front of a judge and jury where all the admissible facts, both aggravating and mitigating, are heard. Probable cause is the circumstances that would lead a reasonably prudent person to believe the accused had committed a crime. Probable cause is a lower standard than required for conviction at trial. <BR/><BR/>Magistrate Judge Heise's actions seemed to me to be inconsistent with a prelim. By pushing a negotiated plea (if she did), she was acknowleding probable cause existed to go to trial. If she didn't believe probable cause existed to go to trial, she was obligated to dismiss. <BR/><BR/>If I were the victim's father, I would ask the Idaho Judicial Council to examine Judge Heise's conduct against the <A HREF="http://www.judicialcouncil.idaho.gov/code.pdf" REL="nofollow"><STRONG>Idaho Code of Judicial Conduct</STRONG></A>. He probably won't prevail, but that's about all he's got.Bill McCroryhttps://www.blogger.com/profile/12569402121715690040noreply@blogger.comtag:blogger.com,1999:blog-14192095.post-1163294418556251502006-11-11T17:20:00.000-08:002006-11-11T17:20:00.000-08:00Awesome. I figured this was the latest development...Awesome. I figured this was the latest development as well. I will be looking forward to the specifics. I don't think a judge can be recalled - they have to be voted out or diciplined by the judicial council. Those folks probably know.stebbijohttps://www.blogger.com/profile/03632760997450866475noreply@blogger.com