Sorry for any confusion — I cited State v Edmonson out of convenience (and because that particular challenge came from right here in Latah County!). But, I do think Judge Judge made the point quite clearly that PC has long bern the GJ standard in Idaho:
“Deputy Attorney General Jeff Nye, who is assisting the prosecution, countered that the
Idaho Supreme Court has ruled on the issue multiple times, repeatedly upholding the probable cause standard. That burden of proof was properly met during Kohberger's grand jury proceeding, he said.
Second District Judge John Judge agreed, noting that
grand juries have used the probable cause standard to indict people for 100 years in Idaho. He said Kohberger's defense attorneys would need to bring the issue to the Idaho Supreme Court if they want to pursue it further.”
https://www.idahostatesman.com/news/nation-world/national/article281101543.html
As I understand JL’s argument, he was basically rearguing now long retired ISSC Justice Bistline’s dissenting opinion in State v Edmonson. But, IANAL so I could well be wrong!
Bistline’s dissent was wonderful & masterful, MOO, but it was still only a dissent from the majority opinion.
We differ in that I think PC is an appropriate GJ standard in Idaho, but I did find Bistline’s dissent intriguing & powerful. Would Idaho’s current Supreme Court decide differently a la Bistline’s or JL’s argument? Magic 8 Ball says: Very Doubtful.
All MOO, as always.