Nikolas Crosby-Garbotz, Petitioner v. Hon. Howard P. Fell, Judge Pro Tempore of the Superior Court of the State Of…

Summary

The court held that issue preclusion may bar the State from relitigating in a criminal prosecution a factual issue that was actually and necessarily decided against it in an earlier dependency proceeding, provided all preclusion elements are satisfied. Because the State had a full and fair opportunity to litigate whether Crosby injured the child, failed to prove that issue by a preponderance of the evidence, and did not appeal the final dependency judgment, the criminal charge had to be dismissed.