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· 12/15/1989

Janetka v. Dabe

Citations

  • 892 F.2d 187
  • 29 Fed. R. Serv. 612
  • 1989 U.S. App. LEXIS 19295

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Allowing police officers to add unwarranted misdemeanor charges to valid violation charges may force an accused to go to trial on the misdemeanor when he otherwise would plead to the violation.”
  • claim of malicious prosecution on charge of resisting arrest, of which plaintiff was acquitted, was not barred by his conviction for disorderly conduct
  • where defendant was charged with two distinct offenses involving distinct allegations and different victims, acquittal on one charge constituted a favorable termination even where he was convicted of the other charge
  • “When a termination is indecisive because it does not address the merits of the charge, the facts surrounding the termination must be examined to determine whether the failure to proceed implies a lack of reasonable grounds for the prosecution.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.