State v. Faltynowicz

THOMAS, Justice,

specially concurring, with whom RAPER and ROSE, Justices, join.

I agree with everything that is encompassed in the opinion of the majority in this case. In my view this is an appropriate instance in which to speak also to the authority of the trial court to dismiss the complaint “with prejudice.” It is my position, sustained by the law, that the county court had no authority to dismiss the complaint “with prejudice,” without regard to whether it might have properly dismissed the complaint for some defect.

The only rule or statutory authority for dismissal of criminal cases by…