MAYS v. CLANTON

No. COA04-710.

609 S.E.2d 453 (2005)

Arthur Lee MAYS, Plaintiff-Appellant, v. David W. CLANTON, Individually, and The Town of Taylorsville, a Municipality, and The Taylorsville Police Department, Defendant-Appellee.

Court of Appeals of North Carolina.

March 15, 2005.


Attorney(s) appearing for the Case

Cunningham & Crump, PLLC, by R. Flint Crump, for plaintiff-appellant.

Stiles Byrum & Horne, L.L.P., by Terry D. Horne and Virginia Lee Bailey, for defendant-appellee.


WYNN, Judge.

For the use of defensive collateral estoppel, North Carolina does not require mutuality of parties. Where an issue in a civil suit has already been fully litigated in a criminal trial, evidence of that criminal conviction is admittable in the civil suit. For the reasons stated herein, we affirm the decision of the trial court.

On 28 November 2001, Plaintiff Arthur Lee Mays filed a civil action against...

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