...Attorney's Office issued a declination of prosecution, explaining, “Following a review of the evidence and interviews with several witnesses, including the complaining witness, the People conclude that the...as to whether a declination of prosecution indicates that a defendant is innocent. Third, she contends she was entitled to an order of remittitur because of the excessiveness of the jury's award..., as required to support a claim of malicious prosecution. On December 27, 2006, the District Attorney of the County of New York issued a declination of prosecution wh...

... declination of prosecution of the defendant and declinations of prosecution of four other individuals, one of whom was arrested with the defendant, and three...precluded from offering or otherwise referencing the initial declination of prosecution of Morel and the declinations of prosecution of the other four individuals arrested at JFK on the same day as...cocaine shipments. However, the defense is precluded from referring to any declination of prosecution, including the initial declination of prosecution of Morel...

...copy of a March 31, 2010 memorandum entitled “Declination of Prosecution of Omar Ahmad.” Id. ¶ 13, 15. On April 15, 2011, Rep. Peter King, the Chairman of the House Committee on..., 2010 memorandum entitled “Declination of Prosecution of Omar Ahmad” from Attorney General [sic] David Kris to Acting Deputy Attorney General Gary Grindler. b) Any and all.... AG”) and the Council on American–Islamic Relations (CAIR) or any CAIR affiliated groups concerning, regarding, or relating to the prosecution or declination of prosecution of Omar Ahmad...

...declination of prosecution. There appears to be neither California nor federal precedent on the question of liability for terminating life-sustaining treatment. Moreover, we have failed to find any decision...possible wrongful death action by Foster's relatives, or even to criminal prosecution. The reasonableness of this fear is demonstrated by the local District Attorney's refusal to grant appellants a...

...of no contest to a charge of indirect criminal contempt and a declination of prosecution. The charge of indirect criminal contempt stemmed from the mother's failure to abide by the terms ...parties' final dissolution judgment. The declination of prosecution related to a criminal complaint which the mother had initiated against the father. As a result of her no contest plea...the care, custody and control of their children on a rotating basis, with custody to change every six months. Pursuant to the stipulation, the mother executed two additional documents: a written plea...

...prove to be a viable energy producer. Finally, Hartnett was nearly seventy-five years old and in poor health. Following the declination of prosecution, the FBI in June of 1983 placed the Hartnett...method, however, the declination of prosecution is simply irrelevant. Whether or not a prosecution was pending, the FBI, having decided to examine the generator, would need to do so in the way best...had declined prosecution. Indeed, as noted above, the declination of prosecution wa...

...defendant's pending motion. A form "declination of prosecution" was received in evidence during the trial. The form states in pertinent part that "[f]ollowing a review of the...did not preclude the possibility that the charges could be renewed in the future. Plaintiff, in support of her argument that the declination of prosecution constitutes a...criminal case against Stampf testified at trial that, at the time he prepared the declination of prosecution form, he had interviewed witnesses, determined the evidence was insufficient, and had no...

...malicious prosecution claim only if the District Attorney's declination of prosecution constituted a favorable termination of the proceedings commenced by the issuance of the DATs...by a prosecutor constitutes a favorable termination provided it was not procured by the malicious prosecution plaintiff. Cook therefore suggests that the declination of prosecution in this..., stating in a press release that prosecution was unwarranted because the charges could not be proven beyond a reasonable doubt. Plaintiffs' Claims...

...the Criminal Division of the Department of Justice in Washington for possible prosecution. One year after the referral the Justice Department declined prosecution of Barket or Civic Plaza and closed the ca...Attorney for the Western District of Missouri, and apparently retained no record summarizing the information gathered in its investigation of the $30,000 loan or revealing the reasons for its declination of ...declination of prosecution of Barket to the local United States Attorney cannot be characterized as an intentional attempt to gain tactical advantage, it does constitute an additional element of culpability...

...charge were improper because he was never arrested or charged with that offense and because the alleged victim, D.L.'s mother, filed a declination of prosecution. The trial court...

..., D.L.'s mother, filed a declination of prosecution. The trial court ruled that the three points added for D.L.'s illegal possession of a firearm were appropriate by attempting to...

...QUESTIONS OF LA W The government will likely file motions in limine regarding Justin Irvin's prior conviction, self defense, Jackson County's declination of prosecution and...

...testified freely and fully in compliance with the order . . . . [L]ess than complete testimony should not appear to be rewarded by a declination of prosecution in a case where independent evidence.... NELSON, Circuit Judge: I. [2] OVERVIEW This case involves the prosecution of a formerly...indictment on the ground that this prosecution is allegedly tainted by Filiberto's status as an immunized witness in a drug investigation focusing on the Contreras-Subias drug organization. We conclude that...

...Ticket, noting that he was charged with violating § 16-122, and was released. By that time, the District Attorney's Office had signed a "DECLINATION OF PROSECUTION," stating that " PROSECUTION...OF TH[E] CASE [against Betancourt] WAS DECLINED [because the case] Lack[ed] Prosecutorial Merit." (Declination of Prosecution dated February 28, 1997.) B. The...

...the U.S. Attorney's declination of prosecution. In addition, Fender produced at the hearing his handwritten account of a "statement" that Cox had provided (but refused to sign or even read) on the...prejudicial, and thus was not properly admissible as evidence of "prior similar acts." Specifically, the prosecution...Walter B. Cox, a major witness at trial and a central figure in the mail fraud scheme. More specifically, according to Weidman, the prosecution improperly withheld information on (1) discussions that...

...2014), the court held that a declination of prosecution could suffice "to establish termination in the plaintiff's favor notwithstanding that the prosecutor is theoretically capable of resurrecting the...presents one question: whether Petitioner Jeremiah Goodwin sufficiently pled claims for malicious prosecution and intentional infliction of emotional distress. Because the complaint contains the requisite...prosecution, fabricated evidence against him, and failed to disclose exculpatory evidence to him and the grand jury that indicted him. If shown to be true, a properly instructed jury could potentially...

..., 734 N.E.2d 750 (citations and quotation marks omitted). In Stampf, the Second Circuit held that a declination of prosecution could suffic...at 201. However, as the Plaintiff in Stampf was never the subject of a criminal complaint, the prosecutors' declination did not rest on a particular provision of the CPL, and, therefore...; (3) a malicious prosecution claim under New York State Law; (4) a respondeat superior liability claim for the malicious prosecution claim under New York State Law; (5) a substantive due process...

...suggests that the District Court may have imposed an above-Guidelines sentence to compensate for the “benefits” that appellant received as a result of the declination of prosecution by Virginia...what a good deal he was getting, despite the denial of a downward variance. See Sent. Tr., J.A. 144–45. The trial judge never discussed the declination of prosecution or the change in the....” Akhigbe, 642 F.3d at 1087. Thus, it does not serve the “important purpose[ ]” of “ensur[ing] a sentence [that] is well-considered.” Id. The Gover...

..., documents with prosecutorial notes on them, memoranda regarding its declination of prosecution, its internal communications and documents, and contact information for victim advocates with which it...requiring the Willams County State's Attorney's Office to produce communication with Celander or others outside of the office, stand-alone prosecutorial notes, drafts of case documents, case research...Attorney's office is not a party to this case and its declination to prosecute the person alleged to have sexually assaulted Plaintiff is not directly at issue in this case. Fifth, there is...

...nonetheless was established by other evidence. For several reasons though, the special prosecutor's declination of prosecution is of no moment to our analysis. "It is the exclusive province of this Court to...reasonable doubt does not preclude a Rule 8.4(b) charge, it follows that a declination of prosecution based on a perceived lack of proof beyond a reasonable doubt fares no differently...distinct aims and purposes. Moreover, a prosecutor may decline to pursue a prosecution for any number of reasons unrelated to whether the subject of the investigation committed a criminal act; and indeed...