Court: |
US Ct. App. (5th Cir) |
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Facts: |
Cowan is promised that TX charges will be dismissed in exchange for
Watergate testimony. TX judge denies motion to dismiss. |
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Posture: |
Motion to dismiss denied, appealed by the government, asking for
a write mandating the dismissal. |
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Issue: |
To what extent does the court have authority over the prosecutor's
decision to dismiss charges once they've been filed? |
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Holding: |
The trial court overstepped its bounds. Remanded with directions
to dismiss the charges. |
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Rule: |
The court can indeed decide whether the dismissal would be contrary
to public interest, but that decision is subject to appellate review. |
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Reasoning: |
The trial court's decision was based on factors insufficient to
overcome the presumption of the prosecutor's good faith. |
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Dicta: |
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