Carr v. Holt

OPINION

GLENN A. NORTON, Presiding Judge.

James Luther Holt appeals the summary judgment declaring that his conviction for assaulting Ernest Carr precluded re-litigation of the issue of Holt’s intent. We affirm.

I. BACKGROUND

Holt was found guilty of second-degree assault after a jury trial. The facts of the incident that gave rise to the conviction are undisputed. 1 Carr, a police offi cer, was lawfully attempting to apprehend Holt as Holt fled the scene of a crime in a vehicle. Holt suddenly and unexpectedly stopped the car, put it in reverse and started travelling backwards towards Can', who…