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STATE v. McDERMOTT

No. 16183.

720 P.2d 640 (1986)

111 Idaho 52

STATE of Idaho, Petitioner, v. The Honorable Peter D. McDERMOTT; and Susan Pulst, a real party in interest, Respondents. Susan PULST, Counter-petitioner, v. STATE of Idaho and Bannock County, Idaho, a real party in interest, Counter-respondents.

Supreme Court of Idaho.

June 16, 1986.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., and Shad D. Priest, Deputy Atty. Gen., Boise, for petitioner State of Idaho.

R. Ted Israel, of McDermott, McDermott, Zollinger & Box, Pocatello, for respondent-counter petitioner Pulst.

Stephen G. Larsen, Chief Deputy Pros. Atty., Pocatello, for counter-respondent Bannock County.

BAKES, Justice.

Petitioner State of Idaho seeks a writ of mandate against respondents Judge McDermott and Susan Pulst (his court reporter) to have a transcript prepared by Pulst free of cost to the state for use in its appeal in the criminal case of State v. Barlow. In short, the Court must determine who is responsible for the costs of preparing a reporter's transcript when the state appeals in a criminal case. Having reviewed the pertinent statutory provisions...

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