Klopfer v. North Carolina
Supreme Court of the United States
1Opinion of the CourtChief Justice Warren
The question involved in this case is whether a State may indefinitely postpone prosecution on an indictment without stated justification over the objection of an accused who has been discharged from, custody. It is presented in the context of an application of an unusual North Carolina criminal procedural device known as the “nolle prosequi with leave.”
Under North Carolina criminal procedure, when the prosecuting attorney of a county, denominated the solicitor, determines that he does not desire to proceed further with a prosecution, he may take- a nolle prosequi, thereby declaring “that he…
2Cases cited48 opinions
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3Cited by1,690 opinions
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