State v. Mulleneaux

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,503 STATE OF KANSAS, Appellant, v. MICHAEL GLEN MULLENEAUX II, Appellee. SYLLABUS BY THE COURT 1. A county or district attorney is the representative of the State in criminal prosecutions and has broad discretion in controlling those prosecutions. But a prosecutor's discretion is not limitless, and the doctrine of separation of powers does not prevent court intervention in appropriate circumstances. 2. In determining if dismissal of a criminal charge with prejudice is appropriate, appellate courts apply an abuse of discretion standard. A…