State v. Loomis

J. JONES, Justice.

Dale Loomis was charged with aggravated assault. At the conclusion of his preliminary hearing, the magistrate judge dismissed the complaint against Loomis. The State appealed to the district court, which vacated the magistrate’s order and remanded the case. Loomis appealed and the Court of Appeals vacated the district court’s order, holding that the magistrate’s dismissal of the complaint was not appealable. The State filed a petition for review, which this Court granted. We vacate the district court’s order.

I

On June 29, 2005, retired Idaho State Police Officer Darrel Kelley…