Dropping an appeal
when the state appeals a dui case but a judge dissmised and then the state dissmised the appeal what does with prejudice mean? and if it means totally dissmised can the bannock county/state re open the case under another case #?
3 Answers from Attorneys
Re: Dropping an appeal
"with prejudice" means that the action cannot not be brought again
Re: Dropping an appeal
I agree with Mr. Wolf. Hopefully this is a good thing for you.
Re: Dropping an appeal
Mr. Wolf is right, the case may not be brought up again.
As to Bannock Co or the State trying to reopen under a new case number, under the facts you gave, they would not be able to do so.
However, it would be important to review the appellate court's decision to verify their holding. When a case is dismissed "with prejudice" it is done and may not be re-opened, and
any charge that would be part of that arrest/set of facts and circumstances, would be barred by the double jeopardy clause of the Idaho and U.S. Constitutions.
Should you need additional help or information, don't hesitate to contact me. While I am in Lewiston, I could refer you to some friends who are good attorneys in
the Bannock County area.
Good Luck.
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