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BAKER v. ELMENDORF

Record No. 051570.

628 S.E.2d 358 (2006)

271 Va. 474

Charles F. BAKER v. Jeffrey ELMENDORF, et al.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, for appellant.

Roger W. Heald; Francis J. Prior, Jr., Fairfax (Hogan & Heald; Siciliano, Ellis, Dyer & Boccarosse, Fairfax, on briefs), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, Senior Justice.

ELIZABETH B. LACY, Justice.

In this appeal, we decide whether a criminal conviction rendered in general district court but appealed pursuant to Code § 16.1-132 is admissible in a subsequent civil action for malicious prosecution.

I.

On May 10, 2004, Charles F. Baker filed this malicious prosecution action against Jeffrey and Dorothy Elmendorf. Baker claimed that the Elmendorfs initiated a false prosecution of Baker for stalking in violation...

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