Muni-mail – Only a Public Prosecutor May Appeal Dismissed Case – State v. Bradley

 [04/07/11 – 10:36 am] This morning, the Appellate Division ruled that only a public prosecutor has standing to appeal the dismissal of a municipal court case to both the Law Division and Appellate Division. The the case, captioned State v. Bradley, the court administrator refused to issue process on a complaint based upon a lack of probable cause. That determination was reviewed by a municipal court judge and the complaint was dismissed. The complainant moved to appeal the dismissal before the law division, claiming that a citizen complainant has standing to do so under the Rules of Court. However, the Appellate Division rejected this argument, holding that private citizens have no such right and these types of appeals may only be exercised by a public prosecutor.

Download a copy of State v. Bradley.

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