![]() Following decision by the Court of Appeals, Western District, this Court granted transfer. On May 14, 2001, the trial court denied dismissal on the two grounds raised by defendant, but on its own motion entered an order stating "the case is dismissed for lack of prosecution." The state appealed and, alternatively, filed a petition for writ of prohibition requesting review should this Court determine that the order below was erroneous but unappealable because not final. ![]() For the first time, the prosecutor indicated an intent to proceed to trial on the charge.ĭefendant moved, orally and in writing, for dismissal based on res judicata and the statute of limitations. At that point, the newly elected judge of Lafayette County noted the case had long been pending but inactive and called it up for a status hearing. For reasons not set out in the record, the charge for driving on the wrong side of the road was not tried on that date, or thereafter, and languished in the court's files until January 2001. A jury trial was held on the DWI charge in October 1998. The docket sheet shows the driving on the wrong side of the road charge as being continued. The prosecutor later substituted a separate, formal information on the DWI charge.Ī trial date of April 27, 1998, was set for both charges, but only the DWI case was formally called. As is the practice in many jurisdictions, the local prosecutor signed and filed one copy of the uniform complaint, labeled "Complaint and Information," thereby commencing prosecution of both charges against defendant. Honeycutt received two traffic tickets, one for driving while intoxicated (DWI) and a second for failure to drive on the right half of the roadway, both written on a form entitled "Uniform Complaint and Summons," following Form 37A of this Court's rules. Because a dismissal without prejudice is not a final, appealable judgment, the appeal is dismissed. ![]() Section *87 545.780 has no application where, as here, defendant has not invoked the right to speedy trial, and the trial court acted within its inherent superintending authority over its docket when it dismissed the case without prejudice for failure to prosecute. The state appeals, arguing that under section 545.780, RSMo 2000, a court can dismiss an information or indictment only if there has been a violation of the accused's right to speedy trial and, further, that a dismissal in any other circumstance would impermissibly interfere with prosecutorial discretion. The trial court dismissed the state's charge that defendant Benjamin Honeycutt drove on the wrong side of the road for failure to prosecute. “It’s not the first time that presidents have suggested that they would be immune from prosecution or from investigation.*86 William Page Bellamy, Pros. “So the idea that the president would be immune basically supports the idea that a president in some ways is above the law, that there are certain privileges and rights that a president would have, that ordinary officers of the federal government would not have,” she said. Goodwin said there is precedent for presidential immunity. They argue that if absolute immunity was denied in this case, future presidents would fear facing criminal charges for any action they undertook while in office. Trump’s lawyers contend in their brief that a President should be immune from prosecution for their official acts, arguing Trump was acting in his official capacity on January 6. Special Counsel Jack Smith argued in his 82-page filing there is nothing in the Constitution to support the idea that a former president should not be subject to federal criminal law. “He doesn’t get a pass because he was the president.” ![]() He is not any different in terms of an office holder than other office holders that might breach the law, that might violate the law,” explained Michelle Bratcher Goodwin, Professor of Constitutional Law at Georgetown Law. “Judge Chutkan has ruled that he is not immune.
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