State’s Tactic Fails In Jail Attack Case

A felony charge of battery on a correctional officer against a Kootenai County man will remain dismissed, the Idaho Court of Appeals says.

Kelo Smoke was charged with biting two Kootenai County jailers in 1995. He later asked to reduce the charges to misdemeanors, arguing that the felony state law involved doesn’t apply to county jailers.

The state asked that the charge be dismissed rather than reduced. The district judge later dismissed the charge, and the state appealed.

The Court of Appeals said once the state asked for dismissal of the charged, rather than a reduction, it can’t later appeal that action.

In another decision released Wednesday, the Idaho Supreme Court agreed that the Eagle City Council improperly approved a preliminary subdivision plat, but ordered the case dismissed.

Homeowners appealed the City Council’s approval of a preliminary plat for a subdivision planned by Jayo Construction Inc. in a flood plain, and the action was approved at the district court level.

The Supreme Court said the legal case was premature. Preliminary approval of a plat is not a final action, with a lot of steps in between, the court said.