Legal Opinion

Stockwell v. State

Idaho Supreme Court

Decided December 2, 1977No. 12118PublishedCited by 56 opinions

1Opinion of the Court

BAKES, Justice.

This is an appeal from an order granting Michael Jerome Stockwell’s petition for a writ of habeas corpus.1 If the procedural irregularities on both sides are overlooked, the appeal by the state attempts to raise the following issues: (1) whether a magistrate in a preliminary hearing may reduce *799the charge in a complaint when the evidence presented in a preliminary hearing is capable of sustaining inferences supporting the charge in the complaint; (2) under what circumstances can the prosecuting attorney have a preliminary hearing reopened to submit additional evidence supporting…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. People v. OrinCalifornia Supreme Court · 1975
  3. People v. Superior CourtCalifornia Supreme Court · 1968
  4. People v. UhlemannCalifornia Supreme Court · 1973
  5. United States v. Billy Edward Davis, Sr., and Dennis Bates FletcherCourt of Appeals for the Fifth Circuit · 1974

23 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. State v. BrickeyUtah Supreme Court · 1986
  2. Walker v. SchneiderNorth Dakota Supreme Court · 1991
  3. Griggs v. GriggsIdaho Supreme Court · 1984
  4. Rufener v. ShaudIdaho Supreme Court · 1977
  5. State v. FowlerIdaho Court of Appeals · 1983

51 more not listed; retrieve them via the Exa API.

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