United States v. Cowan

1975

Court: US Ct. App. (5th Cir)

Facts: Cowan is promised that TX charges will be dismissed in exchange for Watergate testimony. TX judge denies motion to dismiss.

Posture: Motion to dismiss denied, appealed by the government, asking for a write mandating the dismissal.

Issue: To what extent does the court have authority over the prosecutor's decision to dismiss charges once they've been filed?

Holding: The trial court overstepped its bounds. Remanded with directions to dismiss the charges.

Rule: The court can indeed decide whether the dismissal would be contrary to public interest, but that decision is subject to appellate review.

Reasoning: The trial court's decision was based on factors insufficient to overcome the presumption of the prosecutor's good faith.

Dicta: