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IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
THE STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-6609
Presiding Judge: Hon. xXBoomblast339Xx
v.
NOAHBADNOLIE
Defendant
STATE'S RESPONSE TO DEFENDANT'S MOTION FOR DISMISSAL WITH PREJUDICE
COMES NOW the State of Ridgeway, by and through the undersigned State Attorney
Gamer80sStyle, and respectfully submits this Response in Opposition to Defendant's Motion for
Dismissal With Prejudice. For the reasons set forth below, the motion should be denied.
OVERVIEW
The Defendant seeks an order converting the State's voluntary nolle prosequi into a dismissal
with prejudice, thereby permanently barring any future prosecution arising from the charged conduct.
While the State acknowledges that it was unable to obtain the requested search warrant materials within
the Court's deadline, neither Rule 16 nor any other provision of the Ridgeway Rules of Criminal
Procedure authorizes such extraordinary relief under the circumstances presented here. The Defendant's
motion should therefore be denied.
ARGUMENT
I. THE RULES OF CRIMINAL PROCEDURE DO NOT AUTHORIZE A DISMISSAL
WITH PREJUDICE UNDER THESE CIRCUMSTANCES
A. Defendant requests that this Court convert the State's voluntary dismissal into a dismissal
with prejudice. Pursuant to Rid. R. Crim. P. 16(a), the prosecution “may enter a nolle
prosequi prior to the pronouncement of sentence”.
B. Rule 16 expressly authorizes the prosecution to enter a nolle prosequi prior to the
pronouncement of sentence. The Rule identifies only one circumstance in which such a
dismissal operates as a final bar to further prosecution—where jeopardy has attached and
the Defendant does not consent—that clearly isn’t present here, see Rid. R. Crim. P.16(b).
The Defendant has not been placed in jeopardy, and Rule 16 contains no language
providing that a pretrial nolle prosequi shall operate as a dismissal with prejudice.
C. The Defendant argues that the State's inability to produce the requested search warrant
materials within the Court's deadline warrants permanently barring any future
prosecution arising from the same conduct. However, Defendant cites no Rule of
Criminal Procedure authorizing such a result—failing that any relevant case law. While
the Court possesses authority to enforce its orders and address discovery disputes,
nothing in Rule 16 transforms an otherwise valid pretrial nolle prosequi into a dismissal
with prejudice solely because discovery remained incomplete at the time of dismissal
II. THE DEFENDANT HAS NOT ESTABLISHED THAT DISMISSAL WITH PREJUDICE
IS WARRANTED
A. Defendant seeks the most severe sanction available—permanently foreclosing
prosecution of the charged offenses. Such relief would be an extraordinary case. Neither
Rule 16 nor any other provision of the Ridgeway Rules of Criminal Procedure provides
that a pretrial nolle prosequi entered before jeopardy attaches bars the State from later
refiling charges if supported by law and the evidence. Defendant has identified no
authority requiring the Court to impose such a remedy.
B. While the State was unable to obtain the requested warrant materials within the Court's
deadline, the appropriate course was to discontinue the present prosecution rather than
proceed without materials then unavailable, thereby honoring this Court’s and the
Defendant’s time. To convert that voluntary dismissal into a dismissal with prejudice
would effectively amend Rule 16 by judicial order and create a preclusive effect not
found within the Rules themselves.
III. THE DEFENDANT’S ASSERTION THAT THE ALLEGED DEFECT CANNOT BE
CURED IS SPECULATIVE
A. Defendant further asserts that the alleged defect "cannot be cured" because the requested
records allegedly no longer exist. See Def.'s Mot. ¶ 10. That assertion is speculative and
unsupported by the present record. The State represented only that it was unable to obtain
the requested warrant materials within the applicable timeframe. The State did not
represent that the records never existed or that they can never be located. The State was
merely stating that the events resulting from the search warrant occurred before the
Court’s website was established.
B. Accordingly, the Defendant's assertion that any future prosecution would necessarily
suffer from the same evidentiary deficiency is premature and unsupported. Nothing
within the Rules prohibits the State from initiating a future prosecution should the
requested materials later become available. Defendant has cited no authority providing
otherwise.
CONCLUSION
WHEREFORE, the State respectfully requests that this Honorable Court:
A. Deny Defendant's Motion for Entry of Dismissal With Prejudice;
B. Recognize the State's Notice of Nolle Prosequi as a dismissal without prejudice pursuant
to Rule 16 of the Ridgeway Rules of Criminal Procedure; and
C. Grant such other and further relief as this Court deems just and proper.
Respectfully submitted,
ADAMSTRATTON
ATTORNEY GENERAL OF RIDGEWAY
By:
Gamer80sStyle, Esquire
Chief State Attorney, Gov Corruption
R. Bar No. 10168
1100 Lakeside Drive
Palmer, Ridgeway 80013
Counsel for the State of Ridgeway
