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F.M. v. PEOPLE

No. 10CA0232.

298 P.3d 991 (2011)

F.M., Petitioner-Appellant, v. The PEOPLE of the State of Colorado, Respondent-Appellee.

Colorado Court of Appeals, Div. III.

November 10, 2011.

Attorney(s) appearing for the Case

McCormick & Kennedy, P.C., G. Paul McCormick , Boulder, Colorado, for Petitioner-Appellant.

Don Quick , District Attorney, Michael J. Milne , Senior Deputy District Attorney, Brighton, Colorado, for Respondent-Appellee.

Opinion by Judge WEBB.

No Colorado appellate court has addressed whether claim preclusion, formerly termed res judicata, bars a second action under section 24-72-308, C.R.S.2011, seeking to seal the same arrest and criminal records that had been the subject of an earlier action by the same petitioner. We agree with the district court that such successive actions are barred. Therefore, we reject F.M.'s appeal from the order dismissing his second action to seal the...

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