CROSBY-GARBOTZ v. FELL

No. 2 CA-SA 2017-0072.

418 P.3d 1112 (2017)

781 Ariz. Adv. Rep. 7

Nikolas CROSBY-GARBOTZ, Petitioner, v. Hon. Howard P. FELL, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed December 29, 2017.


Attorney(s) appearing for the Case

Richard L. Lougee , Tucson and Woodnick Law, PLLC, Phoenix, By Bradley A. TenBrook and Markus W. Risinger , Counsel for Petitioner.

Barbara LaWall , Pima County Attorney, By Jacob R. Lines , Deputy County Attorney, Tucson, Counsel for Real Party in Interest.

Presiding Judge Staring authored the opinion of the Court, in which Judge Espinosa and Judge Howard concurred.


OPINION

¶ 1 In this special action, we conclude the doctrine of collateral estoppel, also known as issue preclusion, does not bar the State of Arizona from prosecuting a person for child abuse after a juvenile court found in a separate dependency action that he...

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