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STATE v. LOOMIS

No. 35368.

201 P.3d 1277 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Myron Dale LOOMIS, Jr., Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2008 Term.

January 22, 2009.

Attorney(s) appearing for the Case

Hallin Law, PLLC, McCall, for appellant. Jonathon D. Hallin argued.

Honorable Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Rebekah A. Cudé argued.

J. JONES, Justice.

Dale Loomis was charged with aggravated assault. At the conclusion of his preliminary hearing, the magistrate judge dismissed the complaint against Loomis. The State appealed to the district court, which vacated the magistrate's order and remanded the case. Loomis appealed and the Court of Appeals vacated the district court's order, holding that the magistrate's dismissal of the complaint was not appealable. The State filed a petition for review...

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