Commonwealth v. Brandano

How courts have described this case

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

• requiring judge to conduct hearing based on affidavits submitted by both parties and record findings of fact and reasons for dismissing case over Commonwealth’s objection
• describing entry of nolle prosequi as “a dismissal [that] is made with the approval of the Commonwealth [in which] the judge in effect merely concurs in a recommendation of the prosecution which is exercising its authority as part of the [ejxecutive [b]ranch of government”
• “[a] defendant placed on probation is under the court’s supervision pending further order or final judgment”
• absent statutory authority, judge may not dismiss charges without consent of Commonwealth
• judicially creating practice and procedure for dismissing criminal charges after continuance
• “Without deciding the ultimate constitutional question . . .”

Source: CourtListener parenthetical corpus (CC0).