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PEOPLE v. GATES

Docket No. 83363, (Calendar No. 7).

434 Mich. 146 (1990)

452 N.W.2d 627

PEOPLE v. GATES

Supreme Court of Michigan.

Decided March 5, 1990.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Joseph S. Filip, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Nicholas Smith for the defendant.

Amicus Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert H. Cleland, Prosecuting Attorney, and Susan L. LeDuc, Assistant Prosecuting Attorney, for the Prosecuting Attorneys Association of Michigan.

GRIFFIN, J.

In view of a jury verdict of "no jurisdiction" in a child protective probate proceeding, we are asked to determine whether the doctrine of collateral estoppel bars subsequent prosecution of the defendant for criminal sexual conduct where the factual allegations against defendant in both proceedings are essentially the same. Because the prior probate court verdict did not necessarily determine the guilt or innocence...

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