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· 8/25/1986

Frederick L. Kunzelman, Cross-Appellee v. Gervase Thompson, Richard Giese and Juneau County, Wisconsin, Defendants- Cross-Appellants

Citations

  • 799 F.2d 1172
  • 1986 U.S. App. LEXIS 28966

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that collateral estoppel was inappropriate where defendant officers had no say in prosecutorial decisions
  • holding “the criminal defendant turned plaintiff may not assert collateral estoppel against the state on issues requiring the state to shoulder the burden of proof”
  • if county jail inmates enjoyed regular access to public defender, burden shifts to inmate to show that such access was inadequate
  • if county jail inmates enjoyed regular access to public defender, burden shifts to inmate to show that such access was inadequate
  • “A full evidentiary hearing is not always necessary to provide due process protection or a fair opportunity to litigate the issue”
  • “In determining when collateral estoppel applies federal courts must look to state law and determine whether another state court would give preclusive effect to the prior proceeding.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Bauer, Posner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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