12.5 Collateral Estoppel

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

12.5 Collateral Estoppel

The doctrine of collateral estoppel can be likened to the civil rule of res judicata. If the prosecution in a criminal action has litigated an issue and lost on the merits, it cannot continue to litigate that very same issue in criminal cases against that same person, even if double jeopardy principles would not otherwise bar those future prosecutions.⁵⁸

The most famous opinion applying the collateral estoppel doctrine dealt with a defendant who was initially on trial for the robbery of one of six victims who were together at a poker game. During the trial, the defendant raised only one issue, successfully casting doubt on the reliability of eyewitness testimony linking him to the crime. As a result, he was acquitted. Thereafter, he was indicted for the robbery of a second victim from the poker game. Under the Blockburger test, this second prosecution was not barred because multiple victims can lead to multiple prosecutions. Under the doctrine of collateral estoppel, however, this second prosecution was barred. The Supreme Court concluded that the original acquittal was based on a finding that the defendant had not been a participant in the robbery, as the defendant raised only the defense of misidentification.⁵⁹

Collateral estoppel is used in a limited fashion. The doctrine does not apply to issues that are resolved against the defendant, only those decided against the prosecution.⁶⁰ Also, the decided issue must be identical to the issue that is later precluded. In the poker robbery case, that conclusion was not difficult because the accused raised a single defense. In other situations, particularly with...