Robinson v. State

ADKINS, Judge.

The question presented in this case is whether the doctrine of collateral estoppel bars the State from prosecuting a defendant for “depraved heart” murder after a prior conviction for assault with intent to disable and a prior acquittal of assault with intent to murder the same victim, arising from the same act. We hold that it does not.

On 3 September 1984 appellant, Jacqueline Camille Robinson, and her lover, Henry Garvey, were alone in Robinson’s apartment. An altercation occurred. Robinson shot Garvey in the thigh; the bullet travelled upwards and lodged in his abdomen. A…