State v. Brandstetter

WALTERS, Chief Judge.

Dean Brandstetter was indicted by a grand jury for the misdemeanor offense of resisting, delaying or obstructing a public officer. I.C. § 18-705. The district court granted Brandstetter’s motion to dismiss the indictment, and the State appealed. For the reasons stated below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1992, Dean Brandstetter, an attorney, was retained to represent an individual charged with possession of a controlled substance with intent to deliver. During this time, law enforcement officials were conducting a criminal investigation of Brandstetter’s…