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· 6/1/1998

State v. Bacote

Citations

  • 503 S.E.2d 161
  • 331 S.C. 328
  • 1998 S.C. LEXIS 63

How courts have described this case

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

  • holding that in a subsequent criminal action for driving under the influence, collateral estoppel did not apply to issues decided at a prior administrative hearing held pursuant to implied consent statute
  • declining to give collateral estoppel effect to proceedings which occur during an administrative hearing for a driver’s license revocation
  • relying upon the fairness and public policy exceptions found in section 28 of the Restatement (Second) of Judgments
  • “ ‘When an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or different claim.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Finney, Toal, Waller, Burnett

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.