People v. Noline

This case presents the issue of whether the People may prosecute a defendant by grand jury indictment after a county court previously dismissed a felony complaint charging the same offenses because the People failed to establish probable cause at a preliminary hearing. The district court granted the defendant’s motion to dismiss the grand jury indictment, holding that the People did not comply with Crim. P. 5 or 7, and that those two rules of criminal procedure provided the sole avenues of relief from a county court’s dismissal of criminal charges for lack of probable cause. On appeal, the…