Cestone v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the legislature is free to establish statutory duties that do not interfere with core prosecutorial functions”
• explaining that the legislature cannot interfere with the “core functions” of prosecuting attorneys
• discussing violation of article XI, section 5 and violation of separation of powers simultaneously
• stating issues of constitutionality are questions of law subject to de novo review
• discussing the importance of separation of powers, the court notes “A prosecuting attorney's most fundamental role as both a local elected official and an executive officer is to decide whether to file criminal charges against an individual and, if so, which available charges to file.”
• “[t]he division of governmental authority into separate branches is especially important within the criminal justice system, . . .”

Source: CourtListener parenthetical corpus (CC0).