Idaho Statutes
§ 19-815A — CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION
Idaho § 19-815A
JurisdictionIdaho
Title 19CRIMINAL PROCEDURE
Ch. 8EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
This text of Idaho § 19-815A (CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 19-815A (2026).
Text
A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the magistrate, or the information filed by the prosecuting attorney. Such motion to dismiss shall be heard by a district judge.
If the district judge finds that the magistrate has held the defendant to answer without reasonable or probable cause to believe that the defendant has committed the crime for which he was held to answer, or finds that no public offense has been committed, he shall dismiss the complaint, commitment or information and order the defendant discharged.
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Related
Stockwell v. State
573 P.2d 116 (Idaho Supreme Court, 1977)
State v. Gary L. Schall
337 P.3d 647 (Idaho Supreme Court, 2014)
State v. O'MEALEY
506 P.2d 99 (Idaho Supreme Court, 1973)
State v. Stuart
745 P.2d 1115 (Idaho Court of Appeals, 1987)
State v. Jennings
518 P.2d 1186 (Idaho Supreme Court, 1974)
State v. Ruth
574 P.2d 1357 (Idaho Supreme Court, 1978)
State v. Munhall
798 P.2d 61 (Idaho Court of Appeals, 1990)
State v. Wengren
889 P.2d 96 (Idaho Court of Appeals, 1995)
State v. Pole
79 P.3d 729 (Idaho Court of Appeals, 2003)
State v. Phelps
953 P.2d 999 (Idaho Court of Appeals, 1998)
State v. Porter
128 P.3d 908 (Idaho Supreme Court, 2005)
State v. Molinelli
673 P.2d 433 (Idaho Supreme Court, 1983)
State v. Moore
516 P.3d 1054 (Idaho Supreme Court, 2022)
State v. Tate
834 P.2d 883 (Idaho Court of Appeals, 1992)
State v. Griffith
612 P.2d 552 (Idaho Supreme Court, 1980)
State v. Chris J. McLellan
294 P.3d 203 (Idaho Court of Appeals, 2013)
State v. Dunlap
848 P.2d 454 (Idaho Court of Appeals, 1993)
State v. Garner
649 P.2d 1224 (Idaho Court of Appeals, 1982)
State v. Holtry
559 P.2d 756 (Idaho Supreme Court, 1977)
State v. Dakota Lee Villafuerte
373 P.3d 695 (Idaho Supreme Court, 2016)
Legislative History
[I.C., sec. 19-815A, as added by S.L. 1971, ch. 250, sec. 1, p. 1005.]
Nearby Sections
15
§ 19-1001
CHALLENGE — BY WHOM MADE§ 19-1002
GROUNDS FOR CHALLENGE TO PANEL§ 19-1004
FORM OF CHALLENGE§ 19-1005
DECISION UPON CHALLENGE§ 19-1009
OBJECTIONS MUST BE BY CHALLENGE§ 19-1010
APPOINTMENT OF FOREMAN§ 19-1011
OATH OF FOREMAN§ 19-1012
OATH OF JURORS§ 19-1013
CHARGE TO JURY§ 19-1014
RETIREMENT AND DISCHARGE OF JURYCite This Page — Counsel Stack
Bluebook (online)
Idaho § 19-815A, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/19-815A.