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· 9/23/1980

State v. Jogan

Citations

  • 388 So. 2d 322

How courts have described this case

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

  • holding that the decision to nolle prosequi is vested solely in the state attorney’s discretion and cannot be made or supervised by the courts
  • concluding that pretrial death penalty determination by trial judge would unconstitutionally interfere with complete discretionary executive function vested in prosecutor to charge and prosecute cases
  • trial court may not dismiss information conditioned on defendant enlisting in military where State desires to prosecute
  • court has post-trial discretion in non-capital felony cases to withhold adjudication or withhold imposition of sentence in favor of probation for a deserving defendant
  • state attorney has sole discretion to either prosecute or nolle prosse a defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Hubbart, Schwartz and Nesbitt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.