This Issue was Just Decided by the Supreme Court, Fokker I believe. The Appeals Court should Cite All these scumbag Attorneys with Abuse of Process and Hold them in Contempt and sanction them.
“This Issue was Just Decided by the Supreme Court, Fokker I believe. The Appeals Court should Cite All these scumbag Attorneys with Abuse of Process and Hold them in Contempt and sanction them.”
That’s then reason they used these old washed up liars.
The Supreme Court case is US v. Sineneng-Smith. Not on point but generally states that courts ought not get out their box and too creative. The Ninth Circuit has ruled an arguments not raised before it. Fokker Services is the relevant DC precedent. Much closer to being on point and stand for the proposition that the “leave of court” requirement for dismissal is essentially just a rubber stamp- prosecutorial decisions are vested in the prosecutor and the prosecutor only. I’ve been espousing the view that, because Fokker Services is so plainly dispositive, consistent with usual practice the appellate court is signaling the judge that it will issue the writ and reverse him in that basis. This is commonly done to give the trial judge to gracefully back off an inappropriate decision before the court of appeal acts to reverse him