'Gatekeeper': State High Court Finds Judge Overstepped Bounds by Dismissing Case, Adding Condition for Prosecutors
“Article 30 of the Massachusetts Declaration of Rights protects a prosecutor’s right to decide whether to prosecute a defendant and for which offenses; a court may not impede the exercise of that right by imposing an additional requirement on the prosecution before it can refile the charges,” Justice Frank M. Gaziano wrote on behalf of the SJC in Friday’s opinion.