Supreme Court of North Carolina

State v. Diaz-Tomas

November 4, 2022

Summary

The Supreme Court of North Carolina affirmed the Court of Appeals’ decision, holding that a criminal defendant cannot compel the district attorney to reinstate charges dismissed with leave, nor can a trial court order such reinstatement against the prosecutor’s discretion. The Court also affirmed the Superior Court’s denial of the defendant’s petition for writ of certiorari and denied the defendant’s petitions for writs of mandamus.