John P. Luster
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John P. Luster is a senior judge for the First Judicial District of the Idaho District Courts.[1][2] He took senior status on May 1, 2013.[3]
2010 election
Luster was re-elected in 2010 after running unopposed.[4]
Ellington murder trial
On May 27, 2011, the Idaho Supreme Court issued a unanimous 32-page ruling that overturned Judge Luster's decision in the murder trial of Jonathan Ellington.[5]
In their decision, the justices alluded to prosecutorial misconduct and to the likelihood that an officer of the Idaho State Police had committed perjury during the original 2006 trial.[6]
In addition to concluding that the Kootenai County prosecutor Art Verharen engaged in misconduct during the trial, Justice Jones wrote that with respect to the testimony offered at the 2006 trial by Cpl. Fred Rice, an Idaho State Police officer, "It is impossible to believe there was any truth to the testimony of Cpl. Rice. It is abhorrent to this court, as it would be to any other court, that a man can be sentenced to twenty-five years for second-degree murder based primarily on the false testimony of a trooper of this state...It simply cannot be said that it was not probable that this new evidence that showed Cpl. Rice testified falsely, and likely intentionally, in the Ellington trial would have affected the jury’s determination of reasonable doubt, because it went straight to the heart of the defense’s main theory of the case."
The prosecutorial misconduct issue revolved around:
| “ | repeatedly reiterating the image of Mr. Ellington ‘running over’ Mr. Larsen’s ‘wife’ was wholly unnecessary. We are also troubled that the prosecutor seems to have completely ignored the court’s admonition to 'move on,' by immediately asking another inflammatory question. The court should not have to lecture the prosecutor in front of the jury in order to get its point across that the current line of questioning is inappropriate.[7] | ” |
See also
External links
Footnotes
- ↑ Kootenai County website, "Attorney/Judge Directory," accessed May 30, 2014
- ↑ Bonner County Daily Bee "Few uncontested races in 2010," March 20, 2010
- ↑ The Spokeman Review, "Otter names St. Maries attorney to 1st District court bench," April 17, 2013
- ↑ Idaho Secretary of State, "Unofficial Primary Election Statewide Totals," 2010
- ↑ 5.0 5.1 Text of State of Idaho v. Jonathan Ellington (dead link)
- ↑ Spokesman Review, "Idaho Supreme Court overturns Ellington murder conviction," May 27, 2011
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Idaho • U.S. Bankruptcy Court: District of Idaho
State courts:
Idaho Supreme Court • Idaho Court of Appeals • Idaho District Courts • Idaho Magistrate Division
State resources:
Courts in Idaho • Idaho judicial elections • Judicial selection in Idaho
