State ex rel. State v. Honorable Ronald E. Wilson

The circuit court exceeded its jurisdiction in sua sponte dismissing the indictment charging Respondent with the felony offense of threatening to commit a terrorist act.A Brooke County grand jury returned a single count indictment charging that Defendant committed the felony offense of threats to commit a terroristic act. Although defense counsel did not file a motion to dismiss the indictment, the circuit court entered an order, sua sponte, dismissing the indictment with prejudice. The State filed a petition for a writ of prohibition seeking to prohibit enforcement of the circuit court’s order. The Supreme Court concluded that relief in prohibition was warranted and, therefore, prohibited enforcement of the order dismissing the indictment, holding that the circuit court’s action deprived the State of its right to prosecute a criminal case or deprived the State of a valid conviction. View "State ex rel. State v. Honorable Ronald E. Wilson" on Justia Law