State v. Ott

Idaho Supreme Court

State v. Ott

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

CourtIdaho Supreme Court

DecidedFebruary 6, 1980

DocketNo. 13452

StatusPublished

Cited by4 cases

This text of 605 P.2d 973 (State v. Ott) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ott, 605 P.2d 973, 100 Idaho 795, 1980 Ida. LEXIS 461 (Idaho 1980).

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Opinion

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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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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Bluebook (online)

605 P.2d 973, 100 Idaho 795, 1980 Ida. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ott-idaho-1980.

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