Crosby-Garbotz v. Hon. fell/state

Summary

The court held that issue preclusion may apply in a criminal prosecution to a factual issue previously adjudicated in a dependency proceeding when all preclusion elements, including mutuality, are satisfied. Because the State had fully and fairly litigated—and failed to prove—the same abuse allegation in the dependency case, the State could not relitigate that issue in the criminal prosecution. The court therefore vacated the appellate decision and remanded for dismissal of the criminal charge.