“If the basis for prosecution cannot be shown, those who made the decision will appear to have acted with no basis—that is maliciously.”
How later courts described this case
- “If the basis for prosecution cannot be shown, those who made the decision will appear to have acted with no basis—that is maliciously.”
- polygraph examinations conducted as part of police investigation admissible to show state of mind of police officers who are defending against claim of malicious prosecution
Written by the judges who cited it.
The opinion
Douglas, J.,
dissenting. I dissent. I would reverse the judgment of the court of appeals and reinstate the verdict of the jury, as remitted, and the judgment of the trial court.
My concern is twofold. Once again, a majority of this court condones the taking away of a jury verdict. The continued judicial erosion of this most precious right is both alarming and discouraging. In addition, the changing of the law by the majority on the admissibility of results of polygraph examinations creates needless confusion, an unfair retroactive application of the law and a dangerous precedent.
Sweeney, J., concurs in the foregoing dissenting opinion.