Thus, the Supreme Court refused to issue the prerogative writ of prohibition because Congress had not given it statutory authority to do so, even if that meant that the district court's decision could not be reviewed.
The Court went further, adding, "[W]e know of no case where this court is authorized to issue a writ of prohibition to the District Court, except in the cases expressly provided for by the 13th section of the Judiciary Act of 1789 .
Upon re-referral of the charges, the petitioner sought extraordinary relief through a writ of prohibition at the ACCA and the CAAF, arguing jeopardy had attached at the first trial.
For instance, the ACCA recently decided a Government writ of prohibition in United States v.
A petition for writ of prohibition is generally used to challenge the denial of a motion to disqualify the judge of the lower tribunal, (28) and to prevent a lower tribunal from exercising its jurisdiction in a matter it has no jurisdiction to decide, e.
As with a petition for writ of prohibition, there is no time requirement for filing a petition for writ of mandamus.
6) Miami-Dade County then sought and received the writ of prohibition from the Third DCA.
Miami Springs then sought a writ of prohibition from the Third DCA to block Judge Barad from exercising jurisdiction over Mr.
The writ of prohibition is commonly sought when a judge denies a motion for recusal.
Unlike a writ of prohibition, which is preventive, the writ of mandamus can be sought to require a court to exercise its jurisdiction if such jurisdiction has been improvidently refused.
23) Reversing an order granting a writ of prohibition
, the Fifth District found that the trial court's conclusion that the defendant did not have a bona fide desire to obtain a speedy trial was supported by the fact that the defendant waited a full seven days after learning of grounds to recuse the trial judge before filing the motion to disqualify the judge on the morning of trial and the fact that defense counsel went on vacation one day after filing the notice of expiration, leaving the case in the hands of an attorney completely unfamiliar with the case.
1992) (written response to litigant's petition for writ of prohibition
filed by assistant attorney general on behalf of the judge had effect of creating an intolerable adversary atmosphere between the judge and the movant so as to require the granting of the writ); accord Ellis v.