Michael Lee Sturd, Jr. v. Circuit Court of Lonoke County

Summary

The court denied without prejudice Sturd’s petition for prohibition or certiorari seeking to halt prosecution on a refiled firearm-and-drug charge. It held that whether the prior nolle prosequi was an unconditional dismissal depended on disputed facts and witness credibility, matters not cognizable in an extraordinary-writ proceeding and reviewable through an appeal. The court also noted that Sturd could seek suppression of statements made at his codefendant’s trial. No separate opinions were filed.