· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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