KAUSHIVA

v.

HOTTER

Citator

Cited By (49 total)

• State v. Short, 513 So. 2d 679 (Fla. 2d DCA 1987)
  …fact in determining collateral estoppel. In other words, if the matter was litigated and resolved, collateral estoppel applies no matter how the factual issue was placed before the jury. In Gragg v. State, 429 So. 2d 1204 (Fla.1983), cert. denied, 464 U.S. 820, 104 S.Ct. 83, 78 L.Ed.2d 93 (1983), the defendant was charged with aggravated battery with a firearm; possession of a firearm by a convicted felon; and aggravated assault by use of a firearm. The possession charge was severed, and at .trial, the de…
• State v. Harwood, 800 So. 2d 308 (Fla. 3d DCA 2001)
  …ding that the prosecution of the charge was precluded by the doctrine of collateral estoppel. The State contends that the trial court erred by granting the motion to dismiss. We agree. In Gragg v. State, 429 So. 2d 1204, 1206 (Fla.), cert. denied, 464 U.S. 820, 104 S.Ct. 83, 78 L.Ed.2d 93 (1983), the Florida Supreme Court held that “the test to determine whether collateral estoppel acts as a bar to further prosecution is not whether the factual issue in question was inherently decided by the jury’s prior…
• Garcia v. State, 591 So. 2d 307 (Fla. 3d DCA 1991)
  …ctrine of collateral estoppel, by reason of defendant’s acquittal on the severed charges of attempted first degree murder with a firearm and possession of a firearm during a criminal offense. See Gragg v. State, 429 So. 2d 1204 (Fla.), cert. denied, 464 U.S. 820, 104 S.Ct. 83, 78 L.Ed.2d 93 (1983). As we view this record, collateral estoppel did not preclude prosecution of defendant on the current charge. We are unable to say that the issue of possession was decided by the jury in the prior case, see 429 So…