State v. Henry

Opinion

MCDONALD, J.

The state appeals from the judgment of the trial court dismissing charges against the defendant, Eric Henry. The state claims that the court improperly denied permission to appeal from the dismissal following a probable cause hearing in which the court improperly determined that the state had failed to establish probable cause to support counts of the information charging the defendant with capital felony, intentional murder and felony murder.

I

The defendant argues that this court should not hear this appeal because the state was denied permission by the trial court to file…