M Civ JI 117.03 Malicious Prosecution - Criminal Proceeding: Termination in Favor of Accused

A criminal proceeding is terminated in favor of an accused if the accused is acquitted. It is also considered terminated in favor of an accused in other circumstances that I will now describe to you.

In this case, you must find that the proceeding terminated in favor of the plaintiff if [ describe facts and circumstances that, if found, would constitute a favorable termination, i.e., dismissal because of failure of complaining witness to testify, coerced guilty plea ]. You must find that the proceeding did not terminate in favor of the plaintiff if [ describe facts and circumstances that, if found, would not constitute a favorable termination ].

Note on Use

Whether the proceeding terminated in favor of the plaintiff is a mixed question of law and fact. Cox v Williams, 233 Mich App 388; 593 NW2d 173 (1999). If there are disputed issues of material fact, the trial judge should instruct the jury on the circumstances that would constitute a favorable termination. See, Blase v Appicelli, 195 Mich App 174; 489 NW2d 129 (1992).

Comment

Dismissal of criminal charges at the request of the prosecution or the complaining witness is a termination of proceedings in favor of the accused. Cox v Williams, 233 Mich App 388; 593 NW2d 173 (1999). Dismissal of criminal charges pursuant to a plea bargain is not a termination in favor of the accused, but such a settlement or compromise if brought about by duress, coercion or unfair means is a termination in favor of an accused. Blase (guilty plea taken under advisement and charges dismissed when no convictions after six months; claimed improper coercion by trial judge); see also, Kostrzewa v City of Troy, 247 F3d 633 (6th Cir 2001) (dismissal of obstruction of police officer charge and guilty plea to driving offense, claim that alleged plea bargain was induced by a threat to prosecute on the obstruction charge for which there was no probable cause).

History

M Civ JI 117.03 was added December 1, 2002.