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· 4/15/1994

Howard L. Haupt v. T.D. Dillard, Robert Leonard Las Vegas Metropolitan Police Department City of Las Vegas, Nevada and Clark County, Nevada

Citations

  • 17 F.3d 285

How courts have described this case

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

  • holding that under Nevada law appellant could not challenge in his civil case the Probable cause determination that was fully adjudicated in his earlier criminal case
  • holding the probable cause determination in the preliminary hearing was “a final, conclusive determination of the issue.”
  • explaining when a plaintiff is collaterally estopped from relitigating a probable cause determination made at preliminary hearing
  • “[T]he mandatory minimum 18 sentence[] Kellum was exposed to pursuant to . . . 21 U.S.C. 19 § 841(b)(1)(A) clearly fit within the ‘except as otherwise 20 specifically provided’ exclusion of § 3551(a).” (footnotes 21 omitted)
  • where trial judge was biased, defendant’s acquittal speaks only to the amount of damages due and is irrelevant to whether he has a cause of action for a violation of his due process right to a fair trial
  • probable cause determination at a criminal preliminary hearing

Source: CourtListener parenthetical corpus (CC0).

Judges: Canby, Noonan, Orrick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.