Appeal dismissed in possession case
KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 5 months AGO
SANDPOINT - A 2nd District Court judge dismissed an appeal Monday filed by a Sandpoint woman who is locked in a protracted struggle with authorities in Bonner County.
Judge Jeff Brudie dismissed Rita Nancy Hutchens' appeal for not complying with a briefing schedule in the case. Hutchens' opening brief was due on June 8.
Bonner County Chief Deputy Prosecutor Shane Greenbank moved to dismiss the appeal because Hutchens had not filed her brief and didn't retrieve transcripts that were prepared in the case, court records indicate.
Hutchens, 59, was charged with possession of a marijuana pipe after her arrest on a warrant in Sandpoint in 2013.
At the time of her arrest, Hutchens was facing prosecution on a misdemeanor battery charge for allegedly throwing a pen at a city official while researching a legal claim for wrongful arrest in 2011.
The state ultimately ceased prosecution of the battery charge partly because she had already spent more time in jail on contempt-of-court violations than she would have if she simply pleaded guilty to the misdemeanor.
A jury convicted Hutchens of the paraphernalia charge last year, prompting her to appeal. She was granted a withheld judgment due to a lack of a prior criminal record.
Hutchens filed a $2.5 million claim against the state, county and city for alleged civil rights violations.
ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK
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