Koski v. Vohs

This is an action for malicious prosecution. I write separately because (1) this Court should not decide — even if the question of probable cause is, in the instant case, solely for a court to decide as a question of law — whether there was probable cause until after the trial court and the Court of Appeals have reviewed the record for that purpose, (2) Daniel, a layman, was not sufficiently informed concerning the law to justify him in initiating the prosecution against Koski unless he was advised to do so by an attorney after full disclosure of the facts within his knowledge and…