State v. Diaz

I disagree with the majority’s implicit determination that stripping magistrates of their inherent powers will somehow streamline judicial administration and the administration of justice.4 The Court improperly interprets the State’s power under I.C. § 19-3506 (to refile after dismissal) as an absolute right. According to the majority, this right is so absolute that it even defeats all efforts by magistrates to prevent the State from hiding evidence. Judge Cushman, confronted with a prosecution unwilling to divulge in camera the identity of a confidential informant, responded as most judges…