Office of State's Attorney Ex Rel. Sheehan v. Diamond

This case raises issues as to the relative powers of the State’s Attorney and the Attorney General with regard to initiating criminal prosecutions. Plaintiff, as State’s Attorney for Windsor County, sought to enjoin the Attorney General from bringing a prosecution when the State’s Attorney had already determined, in the exercise of his discretion, not to prosecute. The trial court denied plaintiff’s claim, holding that he had failed to show that if the injunction was not granted a substantial right would be materially impaired. It is from the denial of this request for injunctive relief that…