State v. Jaeger

I dissent. The question before the court is whether the State has the right to appeal a preliminary hearing magistrate’s order dismissing a felony information and discharging the defendant based on the magistrate’s conclusion that there was insufficient probable cause to bind the defendant over for trial. I conclude that no such right to review exists.

Though acknowledging that the State has a right to refile under rule 7(h)(3) of the Utah Rules of Criminal Procedure, the majority accepts the State’s argument that the due process restrictions outlined in State v. Brickey, 714 P.2d 644 (Utah…