What Dennis Perry didn't know when he pleaded guilty in 2003 was that a detective had already established he had an alibi that would have made it virtually impossible for him to have murdered the victims.
He also did not know that the prosecutor had given a witness a substantial cash reward for saying he had told her he planned to kill the victims.
I had a lot of fun writing this amicus brief for the Georgia Association of Criminal Defense Lawyers explaining why trial courts have always had the power to dismiss cases for want of prosecution, even when the litigant dragging his heels has a badge. /1
To summarize: EVERY state agrees that trial courts have the inherent power to dismiss cases for want of prosecution.
The only split is whether that rule applies to the state. And the states that disallow the practice often do so for policy reason.
/2
There IS one Texas case that many courts have come to rely on, though, State v. Anderson, which DID go into some old common law rules to find that only prosecutors may issue a nolle prosequi.
But it dealt with a case where a judge found res judicata based on acquittals. /3
Moore lost because he signed a contract explicitly waiving his right to sue for the things he was suing for, even though he struck through another provision about waiving his right to sue for intrusion on his privacy, a cause of action he didn't bring.
Moore argued that he was defrauded because he thought the interview would be friendly.
But he agreed, in writing, that he was not relying on representation that the interview would be friendly.
It's kind of crazy that Autumn Jackson, who threatened to tell the press that Bill Cosby had raped her mother to conceive her, wound up getting 26 months in federal prison.
Just a little less than he did.
Oh I missed this but apparently her conviction was also reversed. The jury was never told that her request for money had to be wrongful to be criminal, only that it had to accompany a threat to his reputation.
Again, Yoo at no point shows how this harms the Presidency. Some state people asked for Trump's tax records. He claimed absolute immunity. He lost.
But Yoo doesn't seem to think Trump should have won that?
Did opponents of Trump use litigation in an "unprecedented way" to stop his agenda? Maybe for a very specific definition of "unprecedented," but we literally just had our third SCOTUS opinion about the ACA joined by every conservative AG in the country.