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"Collateral Estoppel"

COLLATERAL ESTOPPEL

the doctrine recognizing that the determination of facts litigated between two parties in a proceeding is binding on those parties in all future proceedings against each other; also known as issue preclusion. In a subsequent action between the parties on a different claim, the judgment is conclusive as to the issues raised in the subsequent action, if these issues were actually litigated and determined in the prior action. The constitutional prohibition against double jeopardy includes within it the right of the defendant (but not the state) to plead "collateral estoppel" and thereby preclude proof of some essential element of the state's case found in the defendant's favor at an earlier trial.

See estoppel. See also bar; merger; res judicata.
EXAMPLE: Damien is charged with robbing six persons at a poker game and his defense in the first trial involving the alleged robbery of only one of the victims is that he wasn't there [ALIBI], and if he is acquitted at that trial due to the jury's specific acceptance of his alibi, the state will be estopped to relitigate the alibi question with respect to the other related robberies. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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