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State v. Schmidt, 2015 UT 65 (August 10, 2015)

Aug 10, 2015

The Court reversed a magistrate’s decision refusal to bind over the defendant for trial. The Court found that the magistrate abused her discretion by disregarding the victim’s testimony, even if it appeared facially implausible. At a preliminary hearing, the state need only produce evidence sufficient to support a reasonable belief that the defendant committed the crime charged, not evidence that would support a conviction beyond a reasonable doubt.