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

423-266-0605


Salons By JC Has Grand Opening At Northgate

Salons by JC - Northgate celebrated its grand opening with a ribbon cutting, tours, refreshments and discounts.  The new location is at 255 Northgate Mall, beside the back entrance to the mall. The event was coordinated by the Chattanooga Area Chamber of Commerce in conjunction with Salons by JC.   Salons by JC - Northgate leases fully equipped private suites to ... (click for more)

Local Vapor Store Expands; Creates Premium Chattanooga-Inspired EJuices

After opening on June 12, the locally-owned Chattanooga Vapor Company has continued to thrive at its North Shore locations off of Frazier Avenue and in Soddy Daisy, at the corner of Dayton and Thrasher Pike. No matter where one falls within the company’s three-step process, they ensure each individual’s needs are met. Its focus on helping people quit smoking and using tobaccos is ... (click for more)

Grote Hall At UTC Campus Closed Due To Sinkhole

A sinkhole has prompted UTC officials to close off access to Grote Hall. Grote Hall employees have been told they do not need to report to work on Monday. Classes that are held in Grote Hall are called off for Monday. All other classes and campus activities are on for Monday. (click for more)

Bradley County Police Investigating Shooting; Victim Dies

The Bradley County Sheriff’s Office is investigating a shooting that occurred in the area of Georgetown Road. The sheriff's office said Sunday night that the victim had died. The victim's name has not yet been released.  A BCSO officer was waved down at the intersection of 25 th Street and Peerless Road by the driver of a vehicle who told the officer a gunshot victim ... (click for more)

Don't Be Quick To Discard Common Core

Let's not be too quick to discard Common Core. A recent article in the Tennessean on  Sunday detailed Common Core successes the Kingsport, Tennessee school system.  I encourage you to read it.  The article also noted that Tennessee was recently ranked as one of the fastest improving states in education after implementing portions of the Common Core curriculum ... (click for more)

Roy Exum: UVa --Time For Change

The University of Virginia is, by any measure, one of the finest universities in the world. I have long admired it, whether covering dozens of sports events, cavorting with countless friends, or benefitting repeatedly from the surgical skills of the late world-class humanitarian Frank McCue. But today there is a terrible pall over “Mr. Jefferson’s university” – no, make that a ... (click for more)