[DOWNLOAD] "Fitzgerald V. Superior Court" by Arizona Court of Appeals * Book PDF Kindle ePub Free

eBook details

Title: Fitzgerald V. Superior Court
Author : Arizona Court of Appeals
Release Date : January 14, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Petitioner Donald Lee Fitzgerald (defendant) seeks special action review of the trial court's denial of his motion to dismiss four criminal drug and weapons charges because of principles of double jeopardy and collateral estoppel that are allegedly applicable because of a previous civil forfeiture proceeding. The issue presented is whether a finding in the forfeiture action, that defendant was not engaged in any illegal activity regarding the seized items, precludes the state from bringing a subsequent criminal action based on defendant's possession and use of those items. We hold that although the criminal prosecution does not subject defendant to double jeopardy, the state is collaterally estopped from prosecuting defendant on two of the four criminal charges as a result of the facts litigated in the forfeiture action.