State v. Thompson

A short review of the statutes, case law, and rules governing the award of costs on appeal leads to the conclusion that costs are awardable to the prevailing party in this appeal. This conclusion is arrived at no matter how the appeal is characterized. Even if considered a criminal appeal, Thompson is entitled to his costs. The amount at stake is less than $100, making *71the State’s position quite clear — it is not the money which moves it to action, but rather it is the principle.

The criminal aspect of State v. Thompson was concluded before any appeal was taken, and then it was the State that…