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eBook details

• Title: In Re Private Criminal Complaint of Wilson
• Author : Texas Court of Appeals
• Release Date : January 06, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

1 This Court granted en banc review of the order entered in the Erie County Court of Common Pleas, which denied Appellant, John D. Wilson IIs petition for approval of his private criminal complaint. Appellant asks whether the trial court erred when it deferred to the decision of the District Attorneys office to disapprove the complaint, although Appellant had presented evidence of a prima facie case. Appellant also asks whether the District Attorneys office abused its discretion in disapproving his private criminal complaint for the policy reasons given. As prefatory matters, we must also determine whether Appellant has standing to appeal the trial courts order and, if so, what is the applicable standard and scope of appellate review in this context. We hold Appellant has standing to appeal the trial courts order sustaining the District Attorneys disapproval of Appellants private criminal complaint. Applying the proper standard and scope of review as enunciated in this case, we affirm the trial courts order, which deferred to the District Attorneys decision to disapprove Appellants private criminal complaint.

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