Seeton v. Adams

DISSENTING OPINION BY

Judge McGINLEY.

I humbly dissent because this Court may order, in mandamus, the District Attorney to apply the correct interpretation of the Animal Cruelty Law.

At the outset, I do not agree with the majority that this is a simple case of “pros-ecutorial discretion.” District Attorney Adams’ decision to withdraw the Citations was based, not on his “prosecutorial discretion,” but on an error of law. That is, he did not believe the conduct alleged, if accepted as true, was unlawful under the Animal Cruelty Law, when in fact, it is. Where a district attorney’s decision not to…