State v. Guthman

HORSEY, Justice:

This appeal presents a question of jurisdiction — whether a Justice of the Peace has the power and authority, inherent if not express, to reopen a criminal proceeding on timely application and for good cause shown, following its dismissal, with or without prejudice. The State appeals the Superior Court’s affirmance of a Justice of the Peace (hereafter “magistrate”) ruling that a magistrate’s dismissal of criminal charges divests the court of jurisdiction to review its decision for fundamental error. We reverse. We hold that a magistrate has the jurisdiction, power and…