Legal Opinion
State v. Peake
Court of Appeals of South Carolina
Decided October 11, 2001No. 3327PublishedCited by 3 opinions
1Opinion of the Court
HOWARD, Judge:
John Peake was indicted by the Grand Jury of Greenwood County for violating the Pollution Control Act. S.C.Code Ann. § 48-1-10 to -350 (1987 & Supp.2000). Following a pre-trial hearing, the circuit court dismissed the indictment, concluding the Department of Health and Environmental Control (DHEC) had entered into a binding agreement on behalf of the State to forego criminal prosecution of Peake in exchange for payment of a civil sanction. The State appeals, asserting, among other things, that DHEC did not have legal authority to bind the State to an agreement limiting criminal…
2Cases cited19 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. Juventino CarrilloCourt of Appeals for the Ninth Circuit · 1983
- United States v. Michael Hendricks Jaysen Ringling, A/K/A John KasellCourt of Appeals for the Fourth Circuit · 1993
- State v. ThriftSupreme Court of South Carolina · 1994
- United States v. Steven C. StreebingCourt of Appeals for the Sixth Circuit · 1993
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3Cited by3 opinions
- Custodio v. StateSupreme Court of South Carolina · 2007
- State v. PeakeSupreme Court of South Carolina · 2003
- State v. PeakeSupreme Court of South Carolina · 2003