STATE OF MISSOURI v. SKYLER DEWAYNE DOZLER, Defendant-Respondent.
2015 Mo. App. LEXIS 133
| Mo. Ct. App. | 2015Background
- State charged Skylar Dewayne Dozler with keeping a public nuisance, possession of a synthetic cannabinoid, and unlawful use of drug paraphernalia; trial was set for May 9, 2014.
- On May 7, 2014 the State moved for a continuance because a witness was on National Guard duty; Dozler objected in writing and said he was ready for trial.
- On May 9, 2014 the prosecutor announced in open court that the State dismissed (nolle prosequi) the case.
- Defense counsel requested the dismissal be with prejudice; the trial court granted that request and dismissed with prejudice.
- The State appealed, arguing the trial court lacked jurisdiction to override a prosecutor's nolle prosequi and to enter a dismissal with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could refuse or convert the State's nolle prosequi into a dismissal with prejudice | Prosecutor has exclusive discretion to enter a nolle prosequi; court cannot interfere | Defense argued court could protect defendant's right to a trial and grant dismissal with prejudice when prosecution abandons case after defense is ready | Trial court lacked jurisdiction to enter dismissal with prejudice after State's nolle prosequi; reversal and remand to vacate dismissal with prejudice |
Key Cases Cited
- Keightley v. State, 147 S.W.3d 184 (Mo. banc) (defines nolle prosequi as prosecutor's formal abandonment, dismissal without prejudice absent jeopardy)
- State v. Honeycutt, 96 S.W.3d 85 (Mo. banc) (prosecutor has broad discretion in enforcement decisions)
- State v. Flock, 969 S.W.2d 389 (Mo. App. W.D.) (circuit court may not interfere with prosecutor's nolle prosequi)
- Kilgore v. State, 70 S.W.3d 621 (Mo. App. W.D.) (once nolle prosequi entered, trial court loses jurisdiction; subsequent orders are nullities)
- In re Estate of Shaw, 256 S.W.3d 72 (Mo. banc) (orders entered after loss of jurisdiction are nullities; appellate supervisory authority to confine trial court jurisdiction)
- State ex rel. Norwood v. Drumm, 691 S.W.2d 238 (Mo. banc) (exception where nolle prosequi after jury verdict is treated differently)