TDCAA Community
Dismissals in the Interest of Justice

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3381024851

December 20, 2007, 09:22
Marty Scott
Dismissals in the Interest of Justice
Recently, one of the Justices of the Peace here in Dallas County has been refusing to sign Dismissals we send him if we do not set out the factual and/or legal bases for our Motion to Dismiss.

Here's the text of our Motion:

quote:
NOW COMES the State of Texas, by and through Dallas County Criminal District Attorney Craig Watkins, and, pursuant to Article 32.02 of the Texas Code of Criminal Procedure, files this State's Motion for Permission to Dismiss Criminal Action, and in support thereof would show unto the Court as follows:
After further investigation, the undersigned Assistant Attorney has concluded that justice would best be served by dismissal of the instant criminal action.
WHEREFORE, premises considered, the State respectfully requests the Court's permission to dismiss the above-captioned and numbered criminal action.



The JP says that "justice would best be served" is argument and not a reason. Is there anything anybody here can think of that would help me convince this JP that our Motion is sufficient? The fact that every other Judge in the County accepts this Motion is not convincing to him.
December 20, 2007, 09:28
JB
Your reason is sufficient. Check out this thread on the related issue of whether a judge must sign a dismissal.

See also this thread.
December 20, 2007, 09:48
Ken Sparks
Most of us use a form motion to dismiss that has a checklist of reasons for the dismissal. That might solve your problem.
December 20, 2007, 09:59
Marty Scott
quote:
Originally posted by JB:
Your reason is sufficient. Check out this https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=981103061&r=792100171#792100171 on the related issue of whether a judge must sign a dismissal.

See also this https://tdcaa.infopop.net/eve/forums?q=Y&a=tpc&s=347098965&f=157098965&m=4991057251&p=1


That second thread arose out of another situation involving my division, so I'm well aware of that.

I guess my question boils down to how do I convince this JP that our reason is sufficient under 32.02.

quote:
Most of us use a form motion to dismiss that has a checklist of reasons for the dismissal. That might solve your problem.


I may suggest this route.
December 20, 2007, 10:00
JB
Have you tried lunch with the JP?
January 03, 2008, 11:49
ABender
Funny JB. Funny, but practical advice.