State v. Plambeck

in which KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

The question we confront today is whether the trial court has general authority to dismiss an indictment without prejudice in the absence of the State’s consent. The answer to that question is “no.” Consequently, we reverse the judgment of the court of appeals.

I. BACKGROUND

This case involved three sets of indictments charging appellee with barratry and conspiracy to commit barratry. The first set of indictments was obtained from grand jury proceedings in which a Texas Ranger was allowed to question witnesses extensively, in violation…