State v. Brickey

ZIMMERMAN, Justice:

Defendant Keith Brickey appeals from an interlocutory order of the Fourth District Court refusing to quash the circuit court’s order binding him over for trial on a charge of forcible sexual assault. Brickey asserts that his due process rights were violated when the State was allowed to refile a criminal charge identical to one that had been dismissed for insufficient evidence at an earlier preliminary hearing. We agree that the due process clause of the Utah Constitution prohibits such a refiling of criminal charges absent a showing of new or additional evidence or other…