Does collateral estoppel prevent the prosecutor from arguing that defendant was armed during commission of the current crime?

California, United States of America


The following excerpt is from People v. James, B286804 (Cal. App. 2018):

The prosecutor was not estopped from arguing that defendant was armed during commission of the current offense. Collateral estoppel bars relitigation of an issue decided at a previous trial only if the following conditions are satisfied: (1) the issue necessarily decided at the previous trial is identical to one sought to be relitigated; (2) the previous trial resulted in a final judgment on the merits; and (3) the party against whom collateral estoppel is asserted was a party or in privity with a party at the prior trial. (People v. Vogel (2007) 148 Cal.App.4th 131, 136.) Collateral estoppel does not apply here because the identical issue was not litigated at defendant's trial.

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