Sheriff v. Terpstra

OPINION

This is an appeal from an order of the district court granting respondent’s pretrial petition for a writ of habeas corpus.

On August 9, 1993, respondent Michelle Terpstra appeared in justices’ court for a scheduled preliminary hearing on fraudulent use of a credit card charges. The prosecution filed a motion for a continuance of the preliminary hearing. The motion for a continuance was supported by an affidavit stating that: (1) the victim, the essential witness for the state, lived in Oregon; (2) a justices’ court subpoena was issued to the victim on July 8, 1993, but the victim…