District of Columbia v. Weams

I must disagree with my associates’ af-firmance of the dismissals of the second in-formations filed against appellees by reason of the government’s failure to note timely appeals from the dismissals with prejudice of the first informations.

Under the general rule, absent a statute or rule of court to the contrary, the authority to enter a nolle prosequi rests entirely within the discretion of the prosecuting officer at all stages of a criminal proceeding before jeopardy attaches. Leave of court is not a requirement in the exercise of such discretionary power. People ex rel. Elliott v. Covelli,…