Wal-Mart Stores, Inc. v. Blackford

Thompson, Justice.

This case is before the Court on a certified question from the United States Court of Appeals for the Eleventh Circuit, as follows:

In a suit alleging malicious prosecution of a criminal bad check that was dismissed by the court without trial, is evidence admissible that tends to prove plaintiffs guilt in fact of the offense and, if so proved, is guilt a bar to the malicious prosecution suit?

The relevant facts and procedural history, as set forth in the opinion of the Eleventh Circuit, 1 are summarized as follows: Black-ford purchased merchandise from Wal-Mart and paid with a…