State v. Diaz-Tomas
Annotate this Case
The Supreme Court modified the decision of the court of appeal affirming the denial of Defendant's petition for a writ of certiorari to the extent that this Court affirms the outcome reached by the lower appellate court without prejudice to Defendant to pursue any other legal remedy that has not been determined by the Court's opinion, holding that the superior court properly acted within its discretion in denying Defendant's petition for a writ of certiorari.
The court of appeals determined that only the superior court's order denying Defendant's certiorari petition, and not the order denying Defendant's motion to reinstate charges, was properly before the appellate court. The Supreme Court affirmed as modified, holding (1) a criminal defendant does not possess the right to compel the district attorney, who has the authority to place the defendant’s unresolved criminal charges in a dismissed-with-leave status, to reinstate the dismissed charges and to place the charges on a trial court’s criminal case calendar for resolution; and (2) a trial court lacks the authority to order that criminal charges that have been dismissed with leave by the district attorney be reinstated and placed on a trial court’s criminal case calendar against the will of the district attorney.
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.