Legal Opinion

State v. Horsley

Idaho Supreme Court

Decided April 26, 1990No. 17605PublishedCited by 16 opinions

1Opinion of the Court

JOHNSON, Justice.

This is a criminal case. The issues presented are:

1. Is a minute entry signed by the judge sufficient to dismiss a criminal case?

Under the circumstances of this case, we hold that it is not.

2. Is an order dismissing a criminal case nunc pro tunc effective to dismiss the case as of a prior date, where the judge announced his intention to dismiss the case on the prior date and where an order carrying out this intent was not entered through inadvertence? We hold that the nunc pro tunc order is effective to dismiss the case.

3. Was any violation of I.C. § 19-3501(2) proved by…

2Cases cited3 opinions

  1. State v. GisselIdaho Court of Appeals · 1983
  2. State v. MasonIdaho Supreme Court · 1982
  3. State v. BarnardIdaho Supreme Court · 1907

3Cited by16 opinions

  1. State v. FieldIdaho Supreme Court · 2007
  2. State v. ZimmermanIdaho Supreme Court · 1992
  3. State v. GarrettIdaho Supreme Court · 1991
  4. State v. James Edward S.West Virginia Supreme Court · 1990
  5. State v. WinnIdaho Supreme Court · 1992

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