(Download) "State Utah v. Keith Brickey" by Court of Appeals of Utah " Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Keith Brickey
- Author : Court of Appeals of Utah
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ZIMMERMAN, Justice: Defendant Keith Brickey appeals from an interlocutory order of the Fourth District Court refusing to quash the circuit courts order binding him over for trial on a charge of for trial of a charge of forcible sexual assault. Brickey asserts that his due process rights were violated when the State was allowed to refile a criminal charge identical to one that had been dismissed for insufficient evidence at an earlier preliminary hearing. We agree that the due process clause of the Utah Constitution prohibits such a refiling of criminal charges absent a showing of new or additional evidence or other good cause. We reverse and enter a quashal of the bindover order.