Supreme Court following the overturned conviction of disgraced comedian Bill Cosby.

“A prosecution announcement not to file charges should not trigger due process protections against future criminal proceedings because circumstances could change, including new incriminating statements by the accused,” the prosecutor’s office says.

In a press release accompanying the filing, Steele argues: “The question presented to the Court is: ‘Where a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth Amendment transform that announcement into a binding promise that no charges will ever be filed, a promise that the target may rely on as if it were a grant of immunity?’”.

At the time, Castor decided not to levy those charges against Cosby and he issued a press release stating this decision.