California, United States of America
The following excerpt is from People v. James, B286804 (Cal. App. 2018):
The prosecutor was not estopped from arguing that defendant was armed during commission of the current offense. Collateral estoppel bars relitigation of an issue decided at a previous trial only if the following conditions are satisfied: (1) the issue necessarily decided at the previous trial is identical to one sought to be relitigated; (2) the previous trial resulted in a final judgment on the merits; and (3) the party against whom collateral estoppel is asserted was a party or in privity with a party at the prior trial. (People v. Vogel (2007) 148 Cal.App.4th 131, 136.) Collateral estoppel does not apply here because the identical issue was not litigated at defendant's trial.
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