[DOWNLOAD] "People V. Noline" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Noline
• Author : Colorado Supreme Court
• Release Date : January 03, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

We granted the People's petition for certiorari in People v. Noline, 894 P.2d 1 (Colo. App. 1994), to determine whether the grand jury can investigate a case and indict a defendant on felony charges after the county court has held a preliminary hearing and dismissed for lack of probable cause a felony complaint on the same charges and no additional evidence is presented to the grand jury.*fn1 The court of appeals affirmed the district court's dismissal of the felony charges holding that the People have only two options after dismissal of a felony complaint by the county court: (1) appeal of the county court's determination to the district court, or (2) direct filing of an information in the district court subject to that court's permission. We reverse the decision of the court of appeals and hold that the People are not precluded by any statute, rule, case, or constitutional provision from proceeding with the action taken here. Grand jury presentment after the county court's dismissal is simply an alternate route to an appeal of the county court's probable cause determination to the district court.

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