State v. Hart

OPINION

GILDEA, Justice.

This case presents the narrow question of whether, after a district court issues a pretrial order dismissing a criminal complaint “with prejudice” and “in the interests of justice,” the state can refile the complaint and obtain a writ of mandamus compelling the district court to make a probable cause determination on the refiled complaint. The court of appeals granted, in part, the state’s petition for writ of mandamus and vacated the district court’s dismissal order, finding the order to be an abuse of discretion. The court of appeals concluded that the state was free…