Dawsey v. Government of the Virgin Islands

DISSENT

ANDREWS,

Territorial Court Judge, dissenting.

The main issue before us is the extent to which the phrase, "by leave of court", in Rule 48(a) limits the prosecutor's previously *190enjoyed absolute power to dismiss an information or complaint. United States v. Cowan, 524 F.2d 504, 506 (5th Cir. 1975), cert. denied, 425 U.S. 971 (1976). The Supreme Court has stated that the phrase vests some discretion in trial courts when ruling on motions to dismiss, but has yet to delineate the circumstances under which it may be properly exercised. Rinaldi v. United States, 434 U.S. 22, 29 n.15, 54 L. Ed.…