Idaho Supreme Court, 1980

State v. Ott

Idaho Supreme Court · Decided February 6, 1980 · Bistline, Ott'S

100 Idaho 795; 605 P.2d 973; 1980 Ida. LEXIS 461

Cases that cite this one

3 later published cases cite this decision.

State v. Culbertson (Idaho 1983)
Mazur v. Hymas (United States District Court for the District of Idaho 1988)
State v. Biggs (Idaho 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

The defendant respondent Ott moved to dismiss the appeal filed by the prosecuting attorney of Payette County from an order of the district court dated July 26, 1979, which apparently terminated the above entitled criminal action. Although the notice of appeal was filed on August 29, 1979, the Attorney General of the State of Idaho has not participated by joining in said notice of appeal pursuant to his statutory authority under I.C. § 67 — 1401(1). Therefore the Court concludes that the appeal is not authorized by the Attorney General and is therefore dismissed.

BISTLINE, J., dissents, noting also that the dismissal entered by the Court is not on the grounds raised by Ott’s motion.

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