[Download] "People V. Allee" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Allee
- Author : Colorado Supreme Court
- Release Date : January 29, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We granted certiorari to review a judgment of the Adams County District Court that affirmed an order of the County Court of Adams County dismissing charges of third degree assault and resisting arrest brought against the defendant, Dale F. Allee. Allee's defense was that his actions were legally justified because he was attempting to prevent a police officer from using excessive force in arresting Allee's son, Ronnie Allee. The county court dismissed the charges on the basis that a jury's acquittal of Ronnie Allee on charges identical to those against the defendant conclusively established that the defendant's actions were justified. The court reasoned that the judgment of acquittal collaterally estopped the People from asserting that the defendant's actions were not legally justified, even though the defendant was not a party to the case tried against Ronnie Allee. We conclude that the doctrine of collateral estoppel may not be asserted against the People by a defendant who was not a party to the prior criminal proceeding in which the issue that the People seek to relitigate against the defendant was decided. Accordingly, we reverse the judgment of the district court and direct that court to remand the case to the county court for reinstatement of the charges against the defendant.