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STATE v. HART

No. A05-2066.

723 N.W.2d 254 (2006)

In re STATE of Minnesota, Petitioner, State of Minnesota, Respondent, v. Beth Luann HART, Appellant.

Supreme Court of Minnesota.

November 2, 2006.

Attorney(s) appearing for the Case

Mark D. Kelly, Esq., Law Offices of Mark D. Kelly, St. Paul, MN, for Appellant.

Jan Kolb, Esq., Mark J. Herzing, Mille Lacs Asst. County Attorney, Milaca, MN, for Respondent.

Thomas R. Ragatz, Attorney General's Office, Lawrence Hammerling, Deputy State Public Defender, St. Paul, MN, for Amicus.

Heard, considered, and decided by the court en banc.

OPINION

GILDEA, Justice.

This case presents the narrow question of whether, after a district court issues a pretrial order dismissing a criminal complaint "with prejudice" and "in the interests of justice," the state can refile the complaint and obtain a writ of mandamus compelling the district court to make a probable cause determination on the refiled complaint. The court of appeals granted, in part, the state's petition for writ of mandamus and vacated...

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