GA 17-8-3 - GA 17-8-3

OPINIONS OF THE ATTORNEY GENERAL Discretion of court in addressing motion. - As a general rule, a motion to nolle prosequi a state indictment can only be entered upon the court's consent. Whether to consent to the nolle prosequi is a matter addressed to the sound discretion of the court. 1988 Op. Att'y Gen. No. U88-21. No disqualification of prosecuting attorney for denial of motion. - Once an indictment or accusation has been filed, a district attorney's motion to nolle prosequi or dead docket requires consent of the court. If the trial court refuses to grant the district attorney's motion to nolle prosequi or dead docket the case, the district attorney is not thereby disqualified. 1988 Op. Att'y Gen. No. U88-25. <h4...