| 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: | |