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· 12/23/2002

Weststar Mortgage Corp. v. Jackson

Citations

  • 61 P.3d 823
  • 133 N.M. 114
  • 2003 NMSC 002

How courts have described this case

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

  • noting that a “defendant can be regarded as an instigator of a proceeding if he ... communicates material information falsely or inaccurately and the prosecutor relies on his statement”
  • stating that when a criminal prosecution is terminated for a reason that is not related to the merits, the termination is not considered to be favorable to the accused
  • reporting an incident and cooperating with prosecution are not sufficient as a matter of law to establish that the defendant “initiated the criminal proceedings”
  • quoting, in parenthetical, D. Dobbs, The Law of Torts § 430, at 1216 (2000)
  • “Probable cause ... is to be judged by facts as they appeared at the time, not by later-discovered facts.”
  • “The elements of this cause of action [for malicious prosecution] were defined as follows: (1) the initiation of judicial proceedings against the plaintiff by the defendant; (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Franchini, Serna, Minzner, Maes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.