State v. Diaz-Tomas

Summary

The Court held that a defendant cannot compel a district attorney or trial court to reinstate criminal charges dismissed with leave after the defendant failed to appear, even when the dismissal affects the defendant's ability to regain driving privileges. It also held that the Superior Court acted within its discretion in denying certiorari because the defendant showed neither legal merit nor probable error in the District Court's ruling, and that mandamus was unavailable to compel discretionary prosecutorial action. The Court affirmed the result below in part and dismissed additional discretionary review as improvidently allowed.