Is there sufficient evidence to sustain a malicious prosecution claim?
MultiRegion, United States of America
The following excerpt is from Rhodes v. United States, No. 12-1307-cv, No. 12-1335-cv (2nd Cir. 2013):
defendants sufficient to rebut the presumption of probable cause created by the grand jury's indictment. See Boyd v. City of New York, 336 F.3d 72, 76 (2d Cir. 2003). Because probable cause for his prosecution was established, his malicious prosecution claim was properly dismissed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When reviewing the sufficiency of the evidence in a sexual assault case, what is the test for determining if the evidence is sufficient to convict the accused? (MultiRegion, United States of America)
Is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt? (MultiRegion, United States of America)
When determining the sufficiency of circumstantial evidence in a murder trial, is the evidence sufficient to convict the accused of the crime? (MultiRegion, United States of America)
Can a defendant bring a vindictive prosecution claim and a selective prosecution claim? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficiency of evidence, what is the meaning of the phrase "all evidence must be considered in the light most favorable to the prosecution"? (MultiRegion, United States of America)
Does a claim in a pro se pleadings, motions and/or/opposition constitute evidence where the claim is based on personal knowledge of facts admissible in evidence? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficient evidence, what is the meaning of the phrase "all evidence must be considered in the light of the prosecution"? (MultiRegion, United States of America)
How have the courts interpreted a defendant's claim that the evidence was not sufficient to sustain the verdict of guilty? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
What is the burden of a defendant advancing a sufficiency of the evidence claim? (MultiRegion, United States of America)
