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STATE v. DELANEY

No. 2009-CA-01640-SCT.

52 So.3d 348 (2011)

STATE of Mississippi v. Johnny DELANEY.

Supreme Court of Mississippi.

January 13, 2011.

Attorney(s) appearing for the Case

James H. Powell, III , Steven Waldrup , Office of the Attorney General by John Henry, Jr. , attorneys for appellant.

Edward Blackmon, Jr. , Canton, attorney for appellee.

Before CARLSON, P.J., RANDOLPH and KITCHENS, JJ.

KITCHENS, Justice, for the Court:

¶ 1. This is a case of first impression, involving an appeal by the State from the dismissal of an indictment with prejudice. This Court is asked to interpret Mississippi Code Section 99-3-28 (Rev.2007), which requires that a probable cause hearing be held prior to the issuance of warrants for the arrest of law enforcement officers and other enumerated classes of persons. Specifically, the Court is asked to determine whether...

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