That’s the question a lawyer for well-known San Francisco attorney Patrick Hallinan put to three First District Court of Appeal justices Wednesday in a continuing battle to prove that convicted drug smuggler Ciro Mancuso acted maliciously when he provided federal agents information used to prosecute Hallinan in 1995.

Trouble is, the justices, through a pittance of questions, seemed no more convinced that Hallinan had a case than San Francisco jurors did in 1999, when they rejected his malicious prosecution suit against the former Squaw Valley developer.

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