What is the burden of proving a lack of probable cause in a murder case?
California, United States of America
The following excerpt is from Morin v. Kennedy, B255998 (Cal. App. 2015):
The Morins also satisfied their burden with respect to the element of malice. " 'Since parties rarely admit an improper motive, malice is usually proven by circumstantial evidence and inferences drawn from the evidence.' [Citation.]" (Daniels v. Robbins (2010) 182 Cal.App.4th 204, 225.) A lack of probable cause is a factor that
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