BOWLING v. STATE

No. 97, September Term, 1982.

298 Md. 396 (1984)

470 A.2d 797

WILLIAM THEODORE BOWLING, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 2, 1984.


Attorney(s) appearing for the Case

Patrice E. Lewis and Joseph A. De Paul, College Park (Joseph A. De Paul, P.A., College Park, on brief), for appellant.

Stephen Rosenbaum, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Retired, Specially Assigned Judge.


ELDRIDGE, Judge.

Under the circumstances of this case, we hold that the doctrine of collateral estoppel prevents the State from criminally trying the defendant on charges of sexual assault and related offenses when, in a prior civil proceeding based upon the same alleged incidents, the court dismissed the action on the ground that the State had failed to prove that the defendant had committed the acts.

On November 7, 1981, Staci Lenee Bowling, then fourteen...

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