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STATE v. ALVEY

No. 9080.

678 P.2d 5 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Michelle Margaret ALVEY, also known as Tania Bennett, Defendant-Appellee.

Supreme Court of Hawaii.

February 15, 1984.

Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Loralyn Cramer, Deputy Public Defender, Honolulu (Randal G. Valenciano, Deputy Public Defender, Honolulu, on brief), for defendant-appellee.

James H. Dannenberg, Deputy Atty. Gen., Honolulu, for amicus curiae Hawaii Dept. of Soc. Services and Housing.

Before NAKAMURA, Acting C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and HARRY T. TANAKA, Intermediate Court of Appeals Associate Judge, in Place of LUM, C.J., Recused.

HAYASHI, Justice.

This case raises the question whether a finding by a prison disciplinary committee that insufficient evidence existed to punish an inmate for a prison infraction collaterally estops the State from litigating the same issue in a subsequent criminal prosecution. We conclude prison disciplinary committee findings do not have collateral estoppel or res judicata effect on subsequent criminal prosecutions...

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