US Laws, Codes, Statutes & Cases

      Sec. 54-56b. Right to dismissal or trial on nolle. A nolle prosequi may not be entered as to any count in a complaint or information if the accused objects to the nolle prosequi and demands either a trial or dismissal, except with respect to prosecutions in which a nolle prosequi is entered upon a representation to the court by the prosecuting official that a material witness has died, disappeared or become disabled or that material evidence has disappeared or has been destroyed and that a further investigation is therefore necessary.

      (P.A. 80-313, S. 30.)

      Note: This section formerly formed part of Sec. 54-46. See Sec. 54-46 History re P.A. 80-313.

      Cited as Sec. 54-46. 180 C. 153, 163. The court must accept the entry of the nolle prosequi for the record unless it is persuaded that prosecutor's exercise of discretion is clearly contrary to manifest public interest. 185 C. 199, 201, 202. Cited. 191 C. 27, 36. Cited. 198 C. 435, 443. Entry of nolles over defendant's objection fits within exception to rule of finality allowing appeal of interlocutory trial court rulings that, if erroneous, cannot later be remedied. 209 C. 52, 54, 56. Gives a defendant right to have criminal charge disposed of with finality by dismissal with prejudice. Id., 133, 135-137, 139-142. Cited. 214 C. 616, 631, 632. Cited. 233 C. 44, 58, 59, 61, 78. Cited. 240 C. 590.

      Cited. 5 CA 347, 354. Cited. 10 CA 217, 235. Cited. 11 CA 224, 225. Cited. 40 CA 705, 707; judgment reversed, see 240 C. 590 et seq. Cited. 44 CA 162.