“Nolle Prosequi” Abolished

8 GCA § 80.80, under Pretrial Conference; Calendar for Trial; Dismissal; Compromise.

8 GCA § 80.80

The entry of a nolle prosequi is abolished, and a prosecuting attorney cannot discontinue or abandon a prosecution for any offense, except as provided in § 80.70. NOTE: Section 80.80 is substantively the same as former § 1386. See also Cal. Pen. Code § 1386 (same). Federal law is to the same effect. See 8A Moore, Federal Practice &48.02[1], at 48-3 (1974). § 80.80 continues the former law. Its practical effect is negligible, however, since the prosecutor can effectively terminate the case by inaction and the rule is clear that mandamus will not lie to compel him to act. See 8A Moore, supra, at 48-8 to 48-9.

----------

ARTICLE 4 COMPROMISE