[DOWNLOAD] "State Idaho v. Vickie Henderson Nelson" by 13476 Court of Appeals of Idaho Nos. 13475 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Vickie Henderson Nelson
• Author : 13476 Court of Appeals of Idaho Nos. 13475
• Release Date : January 23, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The state appeals an order of the district court granting defendants' motion to suppress evidence consisting of a small plastic bag of cocaine seized from one of the defendants. We have devoted substantial time considering the merits of the appeal, but find ourselves constrained to dispose of the case on a point of appellate jurisdiction. Before this case was assigned to us by the Supreme Court, the defendants moved to dismiss the appeal, contending that the appeal had not been timely filed. The Supreme Court did not rule on the motion before assigning the case. We hold that appellate jurisdiction is lacking and that the appeal must be dismissed. The state's notice of appeal was not filed within forty-two days of the filing date of the suppression order. The defendants contend that because the appeal was not timely under Idaho Appellate Rule 14(a) it must be dismissed under I.A.R. 21. The state replies that, after the order to suppress was entered, it filed a timely motion for reconsideration in the district court which stayed the running of the time for filing an appeal until that motion was decided.

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