What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?
<p>In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution?</p>

<p>I know West Virginia allows such pleadings. Is there any other state that does?</p>

<p>Although West Virginia allows this, <a href="https://www.casemine.com/judgement/us/5914c35badd7b049347c5b78" rel="nofollow noreferrer"><em>State ex rel. Hamstead v. Dostert</em>, 173 W. Va. 133, 139, 313 S.E.2d 409, 415–16 (1984)</a>, my understanding is that it is an extreme outlier. </p>

<p>Prosecutorial discretion is generally treated as sacrosanct, and judges are loath to get involved in second-guessing those decisions. From what I can see, no state has ever endorsed <em>Hamstead</em>.</p>

<p>There are, however, many states that allow citizens to initiate proceedings directly by presenting a probable-cause affidavit to a judge or other magistrate. I've seen this in Ohio and Virginia, and I understand that it is possible in many other jurisdictions, as well.</p>

united-states massachusetts writ-of-mandamus