About & CV

About

Samuel P. Newton teaches criminal law, criminal procedure, and evidence at the University of Idaho College of Law. A licensed attorney in Colorado, Idaho, Montana, and Utah, he has handled thousands of criminal cases since the early 2000s, including capital defense, complex homicides, and post-conviction appeals that have resulted in appellate reversals. He proudly serves as advisor to OUTLaw, a student LGBTQ+ organization, and has received numerous university awards for teaching, mentorship, research, and diversity, as well as the Distinguished Service Award from the Utah Association of Criminal Defense Lawyers.

An experienced river guide who has navigated major whitewater rapids, Newton spent seven summers leading water sports with the Boy Scouts, and spends his free time telemark skiing, biking, backpacking, and exploring. His legal scholarship focuses on civil disobedience and legal history. Above all, he is a proud father who has also welcomed dozens of foster youth and others into his home over the years.

CV

Education

• PhD, History, University of Utah, 2020 — summa cum laude
• JD, Brigham Young University, 2003 — cum laude
• BA, Political Science, Weber State University, 2000 — summa cum laude

Licensed to practice law in Colorado, Idaho, Montana, and Utah.

Selected Positions

• Associate Professor of Law, University of Idaho College of Law, 2023–present (Assistant Professor, 2018–2023)
• Contract appellate & post-conviction public defender, Utah Indigent Defense Commission, 2023–present
• Trial Attorney, Office of the State Public Defender of Montana, 2018, 2023
• Affiliate, Idaho Innocence Project, Boise State University, 2018–2022
• Attorney at Law, Law Office of Samuel P. Newton, PC, 2009–2017
• Conflict Counsel, Salt Lake Legal Defender Association, 2011–2018
• Assistant Professor, Department of Criminal Justice, Weber State University, Ogden, Utah, 2009–2013
• Trial Attorney, Salt Lake Legal Defender Association, Salt Lake City, Utah, 2002–2008 — over 30 jury trials, including capital and other serious felony cases

Selected Publications

• Samuel P. Newton, Plows Into Swords: Joseph Smith and Mormon Resistance in Antebellum America, 1805–1844 (Oxford University Press, forthcoming)
• Samuel P. Newton & Teresa L. Welch, Understanding Criminal Evidence: A Case-Method Approach (Wolters Kluwer, 2012)
• Samuel P. Newton, “Getting to Know You: An Expanded Approach to Capital Jury Selection,” 96 Tulane L. Rev. 131 (2022)
• Samuel P. Newton, “Kidnapping Reconsidered: Courts’ Merger Tests Do Not Remedy the Inequities Which Developed From Kidnapping’s Sensationalized and Racialized History,” 28 Wm. & Mary Bill Rts. J. 635 (2020)
• Samuel P. Newton, “Giving Teeth to State Constitutions: Using History to Argue Utah’s Constitution Affords Greater Protections to Criminal Defendants,” 3 Utah J. Crim. L. 1 (2018)
• Samuel P. Newton, et al., “No Justice in Utah’s Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah’s Infamous Local Courts,” 2012 Utah L. Rev. OnLaw 27 (2012) — cited by the Harvard Law Review and Virginia Law Review

Selected Cases

• State v. Wilder, 2018 UT 17, 420 P.3d 1064
  Overruled common-law merger tests for kidnapping convictions, establishing that statutory standards governing separate criminal offenses arising from a single episode control the merger analysis.
• State v. Ogden, 2018 UT 8, 416 P.3d 1132
  Held as a matter of first impression that a trial court calculating court-ordered complete restitution must specifically determine which pecuniary losses were proximately caused by the defendant’s criminal conduct.
• State v. Clopten, 2015 UT 82, 362 P.3d 1216
  Addressed evidentiary limits on invoking Fifth Amendment privileges before a jury, standards for penal-interest hearsay exceptions, and constitutional requirements concerning eyewitness identification evidence in a capital murder context.
• State v. Perea, 2013 UT 68, 322 P.3d 624
  Established that defense expert witness testimony regarding the psychological dynamics of false confessions is admissible in aggravated murder prosecutions.
• State v. McCullar, 2014 UT App 215, 335 P.3d 900
  Reversed a murder conviction on appeal, holding that the trial court committed reversible, non-harmless error by excluding critical defense testimony regarding statements made by the victim shortly before death.
• Salt Lake City v. Newman, 2006 UT 69, 148 P.3d 931
  Ruled that a trial de novo appeal from a justice court does not automatically constitute a plain, speedy, and adequate legal remedy, permitting extraordinary writ relief under exceptional circumstances.

Notable Amicus Briefs

• Amicus Curiae Brief, Torres v. Madrid, Supreme Court of the United States (Fourth Amendment & police use of force), 2019
• Amicus Curiae Brief, Kahler v. Kansas, Supreme Court of the United States (insanity defense), 2019
• Amicus Curiae Brief, Petition for Writ of Certiorari, Alvarez v. City of Brownsville, Supreme Court of the United States (pre-plea access to exculpatory evidence), 2019

Selected Media

• “Bryan Kohberger wants out of his plea deal. Here’s what experts say about his chances,” CNN, July 28, 2026
• “‘A narcissist’ — victim’s family blasts Kohberger for challenging Idaho murder conviction,” BBC News, July 28, 2026
• Interviewed, Julia Vargas Jones, “Murder Victim’s Father: ‘We Feel Betrayed’ by Plea Deal,” Anderson Cooper, CNN, July 20, 2025
• Interviewed, “More to Every Story: Law professor breaks down what goes into judge’s decision ahead of Kohberger sentencing,” KREM 2 News, July 22, 2025
• Interviewed, “Firing squad,” Evening Brief, KUER 90.1, March 6, 2025
• Interviewed, Kevin Fixler, “Lori Daybell’s Idaho case offers path to dismiss death penalty in Kohberger murder trial,” Idaho Statesman, January 14, 2025
• Interviewed, Alex Brizee, “Death sentence for Chad Daybell: Jury condemns Idaho man for ‘especially heinous’ murders,” Idaho Statesman, June 1, 2024
• Interviewed, Alex Brizee, “Idaho jury convicts Chad Daybell of three murders. Here’s what happened in court,” Idaho Statesman, May 30, 2024
• Interviewed, Cheri Mossburg et al., “Here’s why Idaho student murder suspect Bryan Kohberger may have chosen to ‘stand silent’ in court, experts say,” CNN, May 23, 2023
• Interviewed, Brittany Shammas, “Judge Enters Not-Guilty Plea for Idaho Stabbing Suspect Kohberger,” Washington Post, May 22, 2023
• Interviewed, “Moscow killings suspect waives right to speedy hearing, next court appearance set for June,” Spokane Public Radio, January 12, 2023
• Interviewed, “AP Explains: Case against Idaho killings suspect,” Associated Press, January 10, 2023
• Amicus Counsel, Fatima Bhutto, “Pakistan, Don’t Execute Shafqat Hussain,” New York Times, March 18, 2015 (opposing Pakistan’s execution of a 14-year-old boy)
• Op-Ed, “Commentary: Capital punishment system unfair to defendants and attorneys,” Salt Lake Tribune, October 29, 2017
• Interviewed, Ryan W. Miller, “Mom of missing Idaho kids and husband seen island hopping,” USA Today, February 18, 2020

Honors & Awards

• Burton Ellis Research Scholar, University of Idaho College of Law, 2021, 2023
• Peter E. Heiser Award for Excellence in Teaching, University of Idaho College of Law, 2020, 2022, 2023
• Donald L. Burnett Professionalism Leadership Award, University of Idaho College of Law, 2022
• Jana Elliott Memorial Resource Parents of the Year (“Foster Parents of the Year”), Montana Department of Public Health and Human Services and Montana Children’s Trust Fund, 2021
• Diversity and Human Rights Award, University of Idaho College of Law, 2021
• Faculty Mentor Award, University of Idaho Alumni Awards for Excellence, 2019, 2023
• Distinguished Service Award, Utah Association of Criminal Defense Lawyers, 2017