Smith v. Simes (Majority)
Annotate this CasePetitioner was charged with aggravated robbery and capital murder. The elected prosecutor unsuccessfully moved to nolle pros the case against Petitioner due to the main eyewitness's unavailability. The circuit court subsequently disqualified the elected prosecutor and appointed a special prosecutor, finding that the elected prosecutor disqualified himself by seeking not to prosecute Petitioner when there was evidence to support the prosecution. Petitioner subsequently filed an amended petition for writ of prohibition or, in the alternative, writ of certiorari. The Supreme Court denied the writ of prohibition but granted the writ of certiorari, holding (1) the circuit court exceeded its jurisdiction by disqualifying the elected prosecutor and appointing a special prosecutor; but (2) the writ of certiorari did not lie with regard to the circuit court's denial of the motion to nolle pros.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.