While the appeal issues are relatively straightforward, cases with facts like David Hinkson's -- including the alleged attempt to murder a federal judge and the clear problems with the key witness -- don't come along often. The matter is complicated by the fact that it's headed to the 9th Circuit, because the trial judge in Hinkson's case was Richard Tallman, a 9th Circuit judge who had volunteered to temporarily fill an Idaho federal trial vacancy in 2004.
September 28, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Elven Swisher served in the Marines. But he wasn’t a clandestine operative, was never deployed on a secret mission to rescue POWs in Korea, and never received a Purple Heart, Silver Star, Gold Star or Commendation Medal.
That’s not what he told an Idaho federal jury, though, when Swisher — dressed in an outfit festooned with a Purple Heart — took the stand against David Hinkson in 2004, and said that Hinkson had asked him to murder a federal judge, IRS agent and federal prosecutor.
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