Legal Opinion

Colville Confederated Tribes v. Stensgar

Colville Confederated Court of Appeals

Decided February 25, 2013No. Nos. AP12-007, AP12-008PublishedCited by 2 opinions

1Opinion of the CourtNelson, J.

Gary Stensgar and Christopher Signor were arrested on July 31 2011 for Driving While Intoxicated. Both were taken to the tribal jail where each posted bail. Each signed a Notice of Appearance and Promise to Appear informing them to appear for arraignment on August 2, 2011. Both appeared for arraignment only to learn that no complaint or citation had been filed with the court. The trial court judge dismissed the charges against them with prejudice. We overturn the Trial Court and hold the actions of the trial court judge to be void ab initio.

ISSUE

Did the trial court abuse its discretion by…

2Cases cited5 opinions

  1. State v. CorradoCourt of Appeals of Washington · 1995
  2. State v. FranksCourt of Appeals of Washington · 2001
  3. State v. FranksCourt of Appeals of Washington · 2001
  4. State v. BarnesWashington Supreme Court · 2002
  5. State v. BarnesWashington Supreme Court · 2002

3Cited by2 opinions

  1. Colville Confederated Tribes v. MarchandColville Confederated Court of Appeals · 2014
  2. Manual v. MarchandColville Confederated Court of Appeals · 2014

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