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1 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 28115 STATE OF IDAHO, ) ) Boise, September 2002 Term Plaintiff-Respondent, ) ) 2002 Opinion No. 126 v. ) ) Filed: October 28, 2002 PATRICK SHELDON SUITER, ) ) Frederick C. Lyon, Clerk Defendant-Appellant. ) ) Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Stephen W. Drescher, District Judge. Suiter’s conviction is vacated and the case remanded for further proceedings. Wiebe & Fouser, P.A., Canyon County Public Defender, Caldwell, for appellant. Thomas A. Sullivan argued. Nevin, Herzfeld, Benjamin & McKay, L.L.P., Boise, for amicus. Dennis A. Benjamin argued. Hon. Alan G. Lance, Idaho Attorney General, Boise, for respondent. Lori A. Fleming argued. ________________________________________________ ON REVIEW KIDWELL, Justice. Suiter was convicted of disturbing the peace following a jury trial. Suiter appeals his conviction on the grounds that his conviction violates his freedom of speech pursuant to the First Amendment of the United States Constitution. I. FACTS AND PROCEDURAL BACKGROUND On April 3, 1998, Suiter went to the Canyon County Courthouse and spoke to an officer in the records division about a fraudulent check case in which one of Suiter's friends was the victim. Suiter explained that he was acting at his friend's request and as his agent. The detective responded that without some sort of verification from the crime victim, Suiter was unauthorized to act on the
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