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Opinion
44 N.M. 534 · New Mexico Supreme Court · Sep 3, 1940
D. Maryland · Sep 14, 1989
Supreme Court of Iowa · May 17, 1989
New Mexico Court of Appeals · Dec 1, 1987
Supreme Court of Alabama · Aug 5, 1983
New Mexico Court of Appeals · Jan 7, 1982
New Mexico Court of Appeals · Apr 16, 1981
Tenth Circuit · Nov 30, 1978
New Mexico Court of Appeals · Mar 16, 1973
Parentheticals
holding that whether or not the criminal proceedings were initiated by the defendant depends on whether the defendant’s actions were the determining factor in the decision to prosecute or if the defendant knowingly furnished the official with false information
stating that for a private person to be held responsible for initiating a criminal proceeding, it must appear that the person’s “direction, request, or pressure of any kind was the determining factor in the [public] official’s decision to commence the prosecution”
distinguishing "to advise" and "to instruct," and noting that "instructions" and "directions" are synonymous
finding no procurement where the record indicated that there was "no evidence to show that defendant himself initiated the action or that he advised or counselled (sic) with the District Attorney or any other person suggesting, even, that there should be a prosecution"
finding no procurement where the record indicated that there was “no evidence to show that defendant himself initiated the action or that he advised or counselled (sic) with the District Attorney or any other person suggesting, even, that there should be a prosecution”
distin guishing “to advise” and “to instruct,” and noting that “instructions” and “directions” are synonymous
