STATE BY & THROUGH NEW BERN CSA v. Lewis

EXUM, Justice.

The issue raised in this appeal is whether defendant’s criminal conviction for the willful neglect of and refusal to support his minor children estops him from relitigating the issue of paternity in a subsequent civil action. We hold the doctrine of collateral estoppel bars defendant from relitigating the paternity issue and affirm the judgment of the Court of Appeals.

I

In 1976 defendant, James Daniel Lewis, was charged under N.C. Gen. Stat. § 14-322 with the willful neglect of and refusal to support his four minor children, then ages sixteen, fourteen, ten and seven. After a…