State v. Kirkwood

I write to express my disappointment with the majority who today sanctions the inadequate handling of the record by a trial judge. Instead of criticizing the trial court for not ruling on the record on a critical motion to suppress, four members of this Court go to great lengths to show that the defendant somehow waived his Fifth Amendment right not to be convicted on the basis of potentially coerced confessions.

First, a word about our relationship with the state’s Court of Appeals is in order. This appeal was first heard by that court, State v. Kirkwood, 110 Idaho 97, 714 P.2d 66…