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