State v. Davis (Signed Opinion)
Annotate this CaseA criminal complaint was filed in magistrate court charging Respondent with conspiracy to deliver a controlled substance, which is a felony. Before the preliminary hearing commenced, the State filed a motion with the magistrate court seeking to dismiss the criminal complaint without prejudice. The magistrate court granted the motion to dismiss the criminal complaint. Respondent subsequently filed a petition for a writ of mandamus asking the circuit court to require the magistrate to hold a preliminary hearing for Respondent. The circuit court ruled that Respondent was entitled to a preliminary hearing provided the hearing could be held prior to the return of an indictment against her. The court reasoned that a magistrate may not dismiss a felony charge before holding a preliminary hearing where the State might seek an indictment for the alleged criminal conduct. The Supreme Court reversed, holding that, under the facts of this case, Respondent did not have a clear legal right to a preliminary hearing, and the magistrate had no legal duty to provide such a hearing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.