· 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 CourtListenerSourced 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.