Prosecuting attorney to inquire into facts.
It shall be the duty of the prosecuting attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense wherein the offender shall be committed to jail or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement in writing containing his reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the term of court at which the offender shall be held for his appearance: provided, that in such case such court may examine said statement, together with the evidence filed in the case; and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1973–2022 · leading case:
Stockwell v. State, 573 P.2d 116 (Idaho 1977).
Stockwell v. State, 573 P.2d 116 (Idaho 1977).
· cites it 16× “It equally ignores the plain provisions of I.C. § 19-1306 and § 19-3504 which effectuate this constitutional provision.”
State v. Murphy, 584 P.2d 1236 (Idaho 1978).
· cites it 2× “Wilbanks, supra; I.C. § 19-1306. The prosecuting Attorney’s office apparently decided not to file complaints in deference to the Bureau’s determination that the filing of complaints against these two defendants would possibly endanger the lives and property of all special agents…”
State v. Wilbanks, 509 P.2d 331 (Idaho 1973).
· cites it 2× “I.C. § 19-1306. See generally Annot., 155 A.”
State v. Olsen (Idaho 2022).
· cites it 2× “See I.C. §§ 19-1306 – 19-1309. Unlike a withheld judgment, which requires a conviction, such programs act “as an alternative to adjudication of a criminal case in court” for first time DUI offenders, and they utilize “local community resources, churches, substance abuse…”
State v. Olsen, 508 P.3d 1250 (Idaho 2022).
· cites it 2× “See I.C. §§ 19-1306 – 19-1309. Unlike a withheld judgment, which requires a conviction, such programs act “as an alternative to adjudication of a criminal case in court” for first time DUI offenders, and they utilize “local community resources, churches, substance abuse…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.