1IN THE SUPREME COURT OF THE STATE OF IDAHODocket No. 28115STATE OF IDAHO,))Boise, September 2002 TermPlaintiff-Respondent, ))2002 Opinion No. 126v. ))Filed: October 28, 2002PATRICK SHELDON SUITER,))Frederick C. Lyon, ClerkDefendant-Appellant.))Appeal from the District Court of the Third Judicial District, State of Idaho, CanyonCounty. Hon. Stephen W. Drescher, District Judge.Suiter’s conviction is vacated and the case remandedfor 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 REVIEWKIDWELL, Justice.Suiter was convicted of disturbing the peace following a jury trial. Suiter appeals hisconviction on the grounds that his conviction violates his freedom of speech pursuant to the FirstAmendment of the United States Constitution.I.FACTS AND PROCEDURAL BACKGROUNDOn April 3, 1998, Suiter went to the Canyon County Courthouse and spoke to an officer inthe 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 respondedthat without some sort of verification from the crime victim, Suiter was unauthorized to act on the
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