I imagine he actually did some research in preparing his brief ... no? You really think he just pooped it out without even making a citation?
Casually, it kind of looks like there are precedents for suspending county officers under indictment in Idaho, and at least some circumstances where a district judge is the defined authority to make the suspension determination related to top-level officers.
What statute are you thinking defines the procedure here?
But either way ... constitution doesn't have all that much to do with anything. The only question is weather a judge might agree and issue the order.
Nye knows the law. He and I went down this road with Judge (now Justice) Stegner in District Court a few years ago.
Non-casually, there are no precedents for suspending elected county officers who are under indictment. District judges -- who preside over the courts of general jurisdiction -- lack subject matter jurisdiction because, as Chapple v. Madison County Officials, 132 Idaho 76 (1998), makes clear the only proper means of removing an individual holding office created by Article 6, Section 6 of the Idaho Constitution are either recall, in accordance with the procedures provided in Title 34, Section 17 of the Idaho Code or the grand jury procedure outlined in Title 19, Section 41.
Subject matter jurisdiction (particularly for a court of limited jurisdiction like a magistrate court) is very much a constitutional issue.
ETA: This was an initial appearance, He wouldn't have briefed this matter.
In my in-laws' retirement home, the residents write what they're thankful for on colorful paper turkeys that are taped to the wall in the lobby, in November. People generally say they're thankful for family, friends, pets, health.
I am not in the habit of defending Mormons, BUT on the very face of this, the innocent, albeit kind of trite, hijinks harmed no-one, and intended to hurt no-one. If I may speculate, may I wonder if the Sheriff is some kind of evilangelical (though probably not one in good standing....given 'I only had one drink') who hates Mormons?
I doubt it, but couldn't say for sure. Some of the victims claimed he knew them, and given his comments regarding Natives, I suspect he doesn't know any personally. Just a case of too much to drink, too much testosterone, and too much access to firearms.
I'm not as think as you drunk I am, Ossifer, I only had tee martoonis......oh, wait I'M the Ossifer.
Can he carry a bullet in his shirt pocket?
I imagine he actually did some research in preparing his brief ... no? You really think he just pooped it out without even making a citation?
Casually, it kind of looks like there are precedents for suspending county officers under indictment in Idaho, and at least some circumstances where a district judge is the defined authority to make the suspension determination related to top-level officers.
What statute are you thinking defines the procedure here?
But either way ... constitution doesn't have all that much to do with anything. The only question is weather a judge might agree and issue the order.
Nye knows the law. He and I went down this road with Judge (now Justice) Stegner in District Court a few years ago.
Non-casually, there are no precedents for suspending elected county officers who are under indictment. District judges -- who preside over the courts of general jurisdiction -- lack subject matter jurisdiction because, as Chapple v. Madison County Officials, 132 Idaho 76 (1998), makes clear the only proper means of removing an individual holding office created by Article 6, Section 6 of the Idaho Constitution are either recall, in accordance with the procedures provided in Title 34, Section 17 of the Idaho Code or the grand jury procedure outlined in Title 19, Section 41.
Subject matter jurisdiction (particularly for a court of limited jurisdiction like a magistrate court) is very much a constitutional issue.
ETA: This was an initial appearance, He wouldn't have briefed this matter.
This is messed up. Even by Idaho standards.
Yup. They'll be sneaking off to the Mall to buy cotton underwear
In my in-laws' retirement home, the residents write what they're thankful for on colorful paper turkeys that are taped to the wall in the lobby, in November. People generally say they're thankful for family, friends, pets, health.
One person wrote, "Rolaids."
Even by gun nut standards.
IMHO he’d had more to drink than he’s admitting to.
That person is my spirit human
I think it was for slave patrols.
Someone who does not support Trump.
I am not in the habit of defending Mormons, BUT on the very face of this, the innocent, albeit kind of trite, hijinks harmed no-one, and intended to hurt no-one. If I may speculate, may I wonder if the Sheriff is some kind of evilangelical (though probably not one in good standing....given 'I only had one drink') who hates Mormons?
I prefer Tums. Calcium, y'know.
Not fucking likely. Nobody who is hostile to the LDS church is getting elected to any office in South Idaho.
I doubt it, but couldn't say for sure. Some of the victims claimed he knew them, and given his comments regarding Natives, I suspect he doesn't know any personally. Just a case of too much to drink, too much testosterone, and too much access to firearms.
So, was Sheriff Tackleberry a jack-Mormon miscreant? How did he get elected in the first place?