What is the test for res judicata on the issue of paternity in a criminal case?
California, United States of America
The following excerpt is from Smith v. Superior Court, 110 Cal.App.3d 422, 168 Cal.Rptr. 24 (Cal. App. 1980):
3 The prior judgment would not be res judicata on the issue of paternity because of the higher standard of proof in criminal cases. (Salas v. Cortez (1979) 24 Cal.3d 22, 29, fn. 5, 154 Cal.Rptr. 529, 593 P.2d 226.)
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