State v. Mitchell

I respectfully dissent. This case represents an unwarranted interference by the judicial branch with the prosecutor’s absolute power to dismiss a criminal charge prior to trial.

On January 18, 1984, defendant was issued a speeding ticket. He elected to have a jury trial and the jury was selected on September 17, 1984. Prior to the swearing of the jury, the State moved to dismiss the case with prejudice — something it had an absolute right to do. The trial judge then informed the deputy state’s attorney that if she dismissed the case, her office or the Winooski Police Department would have to…