Former Circuit Court Judge Randal Lee offered a dissenting prospective to the motion by pointing out:
“If you go to district court there’s a number of preliminary hearings with regards to murders.”
Although Former Judge Lee's past experience carries significant weight, no specific case was quoted in support of the District court's authority to indict a defendant on a Class A felony such as murder or attempted murder.
The chief debate, which must be clarified by the court, is whether the District court has the authority to not just hold a preliminary hearing on a murder charge, but lawfully INDICT a defendant on a murder charge.
Below, is language direct from Mr. Otake's motion |
