State v. Diaz-Tomas

Summary

The Court held that a defendant cannot compel a district attorney to reinstate criminal charges placed in dismissed-with-leave status after the defendant failed to appear, and that a trial court likewise lacks authority to reinstate those charges over the prosecutor's objection. It also held that the Superior Court acted within its discretion in denying certiorari and that mandamus was unavailable because defendant had no clear legal right to compel discretionary prosecutorial action. The Court affirmed the result below and dismissed the remaining discretionary review as improvidently allowed.