[Download] "State Idaho v. Vernon Joseph Swartz" by Court of Appeals of Idaho No. 15856 # eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Vernon Joseph Swartz
• Author : Court of Appeals of Idaho No. 15856
• Release Date : January 30, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

This is an appeal by Vernon Swartz, Jr. and Harley Forrey from an order of the district court reversing dismissals by a magistrate of misdemeanor citations issued to each defendant. We uphold the district court's order. Vernon Swartz, Jr. and Harley Forrey were cited in separate, unrelated incidents while each of them allegedly was operating his motor vehicle while under the influence of alcohol. Subsequently, they each retained the same defense counsel. The attorney filed motions to dismiss the charges. He asserted that the citations were improper and prevented the court from exercising jurisdiction over each of these defendants. Counsel alleged that, because the citations issued to both defendants had required the defendants to appear in court on a date less than five days from the date the citation was issued, the court lacked jurisdiction in their cases. Counsel relied on Idaho's Misdemeanor Criminal Rule 5(a) which provides that: The citation shall require the defendant to appear in court on the citation at a time certain which shall not be less than five (5) nor more than twenty-one (21) days after the date of the citation. Counsel served notice on the prosecutor that the motions to dismiss would be heard on April 4, 1984 at 10:00 a.m. before Magistrate Judge Stephen Drescher.

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