STATE BY & THROUGH NEW BERN C.S.A. v. LEWIS

No. 391PA83.

319 S.E.2d 145 (1984)

311 N.C. 727

STATE of North Carolina By and Through its NEW BERN CHILD SUPPORT AGENCY, ex rel., Sadie W. LEWIS v. James Daniel LEWIS.

Supreme Court of North Carolina.

August 28, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Lemuel W. Hinton and Clifton H. Duke, Asst. Attys. Gen., Raleigh, Charles H. Turner, Jr., Havelock, for the State.

Mason & Phillips, P.A. by L. Patten Mason, Morehead City, for defendant-appellant.


EXUM, Justice.

The issue raised in this appeal is whether defendant's criminal conviction for the willful neglect of and refusal to support his minor children estops him from relitigating the issue of paternity in a subsequent civil action. We hold the doctrine of collateral estoppel bars defendant from relitigating the paternity issue and affirm the judgment of the Court of Appeals.

I.

In 1976 defendant, James Daniel Lewis, was charged under N.C...

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