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Case No. 18-0361

State of Iowa
v.
Cynthia Kobusch, Michael Kobusch, and Jeffrey Merfeld

Appellant

State of Iowa

Appellee

Cynthia Kobusch, Michael Kobusch, and Jeffrey Merfeld

Attorney for the Appellant

Louis S. Sloven, Assistant Attorney General

Attorneys for the Appellee

Natalie H. Blaskovich, Todd N. Klapatauskas, and Samuel A. Wooden
Natalie H. Cronk
Jeffrey E. Hiatt

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0361
Date Published:
Jan 23, 2019
Summary

            Appeal from the Iowa District Court for Dubuque County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (5 pages)

            On discretionary review, the State challenges the district court’s denial of its motions to dismiss criminal prosecutions in the furtherance of justice.  OPINION HOLDS: The order denying the motion to dismiss provides no reasons why the court refused to grant the dismissal or why dismissal would not have been in the furtherance of justice.  In the absence of stated reasons, we find the district court abused its discretion when it denied the State’s motion for dismissal.  We further find the record made demonstrated sound reasoning and a proper exercise of prosecutorial discretion and executive branch function.  We reverse and remand for the court to enter an order granting the motion to dismiss, without prejudice.

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