IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMASTATE OF ALABAMA, ))Plaintiff, ))vs. ) CC-10- 1745)Stephen Nodine )
)Defendant )MOTION TO COMPEL THE STATE OF ALABAMA TO NOLLE PROSEQUI AND TOENFORCE THEIR AGREEMENT WITH THE DEFENSEComes now the Defendant and does hereby move this Honorable Court to Compelthe State of Alabama to nolle prosequi the remaining counts of the indictment and to enforcethe agreement made with the defense in the above-referenced case based upon thefollowing:1.
The State of Alabama has made numerous promises to counsel for the Defendantthat this case was to be nolle prosequi based on the superseding indictment thatwas returned in CC-11-1635 wherein the Defendant was charged with CriminallyNegligent Homicide (and Perjury).2.
In reliance on these promises the Defense has honored a request from the State of Alabama asking the Defense to forebear filing its own motion to dismiss untilsuch time as the State could file its own detailed motion to dismiss.3.
The State has blatantly reneged on this promise to the detriment of theDefendant.4.
This motion is made under the authority of Ex Parte Yarber, 437 So. 2d 1330(Ala. 1983).