Harvey Williams, Jr. v. State of Mississippi

¶ 29. I find that Cause Number 03-0-969 remains viable, and Judge Hilburn’s order transferring the case to the Attorney General’s Office is valid. Judge Hilburn clearly had the authority and discretion in this instance to rescind his nolle prosequi order for Cause Number 03-0-969 two days after issuing the order during the same term of court. Judge Hilburn likewise had the authority to transfer the case to the Attorney’s General Office once the Hinds County District Attorney thereafter let it be known that his office would not act on the matter (as illustrated by the record), based upon what…