Legal Opinion
State v. Fixaris
Supreme Judicial Court of Maine
Decided November 7, 1974PublishedCited by 6 opinions
1Opinion of the Court
POMEROY, Justice.
Does the provision, “Nothing in this section shall be interpreted to prohibit a court from filing a case upon payment of costs without a conviction.”, which is found in 4 M.R.S.A. 173(1), authorize a District Court Judge to “file” a case before plea over the objection of the State so as to permanently terminate its prosecution?
A District Court Judge concluded it did.
He thereupon attempted to do just that.
Nearly four months later the State filed a “Motion to Withdraw Complaint from Files and Redocket for Trial.” Hearing was held before the same Judge who had ordered the case…
2Cases cited13 opinions
- Fong Foo v. United StatesSupreme Court of the United States · 1962
- Ex Parte United StatesSupreme Court of the United States · 1916
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- In the Matter of United States of AmericaCourt of Appeals for the First Circuit · 1961
- Ace Tire Co., Inc. v. Municipal Officers of WatervilleSupreme Judicial Court of Maine · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Matter of RossSupreme Judicial Court of Maine · 1981
- Manning v. EngelkesSupreme Court of Iowa · 1979
- State v. RussoSupreme Judicial Court of Maine · 2008
- State of Maine v. Zachariah J. PelletierSupreme Judicial Court of Maine · 2019
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
1 more not listed; retrieve them via the Exa API.