In a case of first impression, the Texas Supreme Court ruled in a 5-3 decision that prosecutors do not have to testify in civil malicious prosecution cases when they already have released their case files to lawyers involved in those tort matters.
The ruling in May 4′s In Re Bexar County Criminal District Attorney’s Office results from a pair of feuding neighbors in San Antonio, Texas, who both made complaints to police about each other regarding such incivilities as barking dogs, strewn grass clippings and a sprinkler that ran too long and created a puddle, according to the opinion.
