State v. Dwire

1 Citing case

  1. State v. Dwire

    409 N.W.2d 498 (Minn. 1987)   Cited 11 times
    Holding Rule 17.06, subd. 4's timing requirements satisfied by filing of a complaint within seven days after dismissal of indictment even though the state failed to move to continue the stay within the seven-day period

    This appeal raises issues of whether either our rules or common law prohibit the issuance of a criminal complaint while an indictment for the same offense, which is subsequently held invalid, is pending. The court of appeals reversed the trial court's dismissal of the complaints and ruled that complaints issued under such circumstances were valid. State v. Dwire, 401 N.W.2d 124 (Minn.App. 1987). We affirm the result reached by the appeals court but analyze the issues differently.