Lee Davis: Legal Word Of The Day - Nolle Prosequi

Saturday, August 23, 2014

Nolle Prosequi or nolle pros. as it is typically said is notice that a prosecution is abandoned. This is accomplished by an announcement from the prosecutor that the state no longer intends to move forward.  The decision not to prosecute can extend to some or all counts of an indictment or charge. This is different from a dismissal in that the case can be brought forward at a later date—although that is rarely done.

In a 1914 case the Tennessee Supreme Court said “a nolle prosequi is a discharge without acquittal, and can be awarded only by the Attorney General and the court. It being a discharge, it is necessarily a termination of the particular prosecution, although it is not a bar to a subsequent prosecution, unless it shall be entered after the defendant has been put to his trial upon a valid indictment before a jury duly sworn and impaneled.” Scheibler v. Steinburg, 167 S.W. 866, 866 (Tenn. 1914).

Nolle Prosequi is pronounced (nahl-ee prahs-e-kwI).

Lee Davis
Davis & Hoss, PC
508 East 5th Street
Chattanooga, TN 37403


Chattanooga Chamber Calendar Of Events March 26

TUESDAY, MARCH 27   Reality Check at Howard High School 9:15 a.m. to 3:30 p.m. Howard High School : 2500 Market St Reality Check teaches ninth graders budgeting and emphasizes the connection between education and income by ... (click for more)

Alexander Says Funding Bill Includes $663 Million For Uranium Processing Facility

United States Senator Lamar Alexander Wednesday said the government funding bill provides $663 million for the Uranium Processing Facility at the Y-12 National Security Complex -- one of the largest construction sites in the country -- with an overall budget of $6.5 billion and scheduled to be completed in 2025. The bill also provides $639 million for cleanup of former Cold War ... (click for more)

Corker, Perdue Slam Massive $1.4 Trillion Omnibus Spending Bill; Fleischmann, Graves Support It

In remarks on the Senate floor, U.S. Senator Bob Corker, a member of the Senate Budget Committee, Thursday slammed the massive $1.4 trillion “omnibus” spending bill, calling it one of the most “grotesque” pieces of legislation he can remember during his two terms in the Senate. Georgia Senator David Perdue also opposes it. Reps. Chuck Fleischmann and Tom Graves were among those ... (click for more)

Former Juvenile Court Magistrate Says Gay Marriage Is "Nothing You Put In Air Quotes"

A former magistrate at Juvenile Court, who claims she was fired by Judge Rob Philyaw because she is openly gay, said Wednesday that gay marriage "is nothing you put in air quotes." She referred to County Attorney Rheubin Taylor asking her about her ceremony in marrying another woman and raising his hands to form quote marks. Elizabeth Gentzler is suing Hamilton County, Judge ... (click for more)

Avoid Underage Drinking And Other Prom Drama

My high school prom took a dramatic turn when two guys got their tuxedo jackets mixed up. One of them belonged to my date, who kindly offered to keep my wallet in his pocket. That’s the jacket another young man mistakenly grabbed off the back of a chair before heading to an underage drinking party that got shut down by police well after midnight—as kids scattered in every direction.  ... (click for more)

Roy Exum: The Famed Freitas Speech

Several weeks ago a member of the Virginia House of Delegates (that’s what Virginia calls the state legislature) stood up and before that body responded to a claim by a Democratic lawmaker that Republicans were pro-Second Amendment and segregationists. Nick Freitas, who did two tours in Iraq with our Army’s Special Forces and has talked candidly about losing friends to terrorist ... (click for more)