State v. Hernandez

The Supreme Court dismissed the interlocutory appeal brought by Defendant challenging the district court’s decision to quash a subpoena Defendant sought seeking against his alleged victim to testify at his preliminary hearing, holding that the decision had been mooted and that the Court lacked jurisdiction to address the district court’s decision to bind Defendant over for trial.Defendant appealed the district court’s decision to quash the subpoena but did not appeal the district court’s determination that probable cause existed for him to face trial. Because the decision Defendant appealed had been mooted by the subsequent bindover and the Supreme Court lacked jurisdiction to consider the bindover decision, the Court dismissed this appeal and remanded the case. View "State v. Hernandez" on Justia Law