What is Res Judicata?
Res Judicata is a procedure of law that provides conclusion and judicial efficiency in the courts Res Judicate states that a judgement involving an issue or claim that is conclusive against all parties to that claim or issue.
What is Collateral Estoppel Issue Preclusion?
Collateral Estoppel , or issue preclusion, is an aspect of Res Judicata. Collateral Estoppel has three aspects: (1) The relitigating of an issue is precluded if that issue is identical to any former proceeding involving a cause of action that involves the issue in question; (2) The issue must have been litigated in the former proceeding; (3) The issue must have been decided in the former proceeding by judgement or settlement; (4) The decision involving the issue must be final and final on the merits; and (5) The parties involved must either be the same as, or in privity with the parties involved in the original proceeding.
What are the essentials of Collateral Estoppel Issue Preclusion?
Collateral Estoppel Issue Preclusion is a defense tactic utilizing public policy. It hopes to prevent a waste of money for litigants and the Court’s time. Before discussing the benefits of Collateral Estoppel Issue Preclusion, Collateral Estoppel Claim Preclusion should be highlighted.
Collateral Estoppel Claim Preclusion helps define the rights of the parties in litigation, and to make sure what are the penalties by a final judgement. This is important in criminal cases in order to bar the pursuits of multiple claims, especially when parties not to the original cause of action or criminal process are involved. The Courts are obligated to preserve the primary rights, the judgement of claims presented in a cause of action by pleadings in a petition, or the assertions of guilt by way of compliant or indictment.
Collateral Estoppel Issue Preclusion applies when there is an assessment of multiple claims in administrative or trial court matters. As such there cannot be a discussion of an issue without assessing the claims being presented in a cause of action in a pleading, or by way of a criminal charge in a complaint or indictment. Collateral Estoppel Issue Preclusion is important because it defines the scope of the facts and elements that can be assessed and relitigated in subsequent hearings and trials.
How is Collateral Estoppel Issue preclusion important to Defense Counsel and the Criminal Defendant?
Collateral Estoppel Issue Preclusion helps inform Defense Counsel as to what matters are essential in the police report, warranting a tactical strategy of defense. It provides a clear sense of predictability by both the People and Defense Counsel to understand that notions like Double Jeopardy cannot apply, due to a prior ascertainment of guilt based on a statute in the California Penal Code when the complaint pertains to specified acts and or conduct addressed at a date and time for purposes of chronology. There are times when a Criminal Defendant is not a party to the original complaint or indictment.
What are the Constitutional Principals of Collateral Estoppel Issue Preclusion?
The 5th Amendment of the United States Constitution provides safeguards against Double Jeopardy. This applies to the State of California under the 14th Amendment. Under this theory a Defendant cannot be held accountable for the same issue, under the same facts, with the same criminal charge that she was found not guilty of, by a second criminal compliant or indictment no matter the enforcement agency.
Is Collateral Estoppel Issue Preclusion the same thing as Double Jeopardy in its application in the Criminal Courts?
Yes. An issue that was raised in a former matter after a judgement of guilt as been determined beyond a reasonable doubt cannot be reopened and or refiled by the People against the same person in a later prosecution. The issue must be conclusive as an essential element or defense.
Can the Kelmansky Law Group give an example of how Collateral Estoppel Issue Preclusion applies to a Criminal Case?
Yes. Assume that there are several alleged women accused of assaulting 4 men at a party, to whom the men invited into their house to watch the 2023 Western Conference Finals. One of the women, the defendant, hired the Kelmansky Law Group on her case, and her case was acquitted of assaulting 1 of the men. Her case was dismissed on the determination on the issue of identification by way of a Penal Code 1538.5 Motion. The People subsequently, refiled the case against, the same Defendant, but the complaint only specified the other 3 men as victims utilizing the same date, time, facts and charges as stated on the first complaint. The issue of identification is still relevant and material to the notion of this Defendant’s guilt. Whether it be presented by another Penal Code 1538.5 Motion, or through the determination of a Jury, the notions of doubt have already been established and dissuaded. And the identity issue though Collateral Estoppel would still apply.
What are methods of Defense to raise the notion of Collateral Estoppel Issue Preclusion in a Criminal Case?
- Writ of Habeas- PC 1473 (c).
- PC 745 (a) & (b) through a Writ by PC 1473.7.
- PC 1538.5
- PC 995
- People v. Scott, 14 Cal.4th 544 (Cal. 1996)
If you or a loved one has a prior conviction from a plea, or judgement by way sentence from a jury and have questions concerning a current charging complaint filed that might raise concerns of Collateral Estoppel and Issue Preclusion, call the Attorneys at Kelmansky Law. Contact Los Angeles criminal defense attorney Yuliya Kelmansky. Kelmansky Law is located at 2049 Los Angeles Park East, Ste. 2525, LACA 90067.
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
