State ex rel. Cooper v. Hutcherson

ORIGINAL PROCEEDINGS IN PROHIBITION

PRITCHARD, Presiding Judge.

Relator sought by his petition herein to prohibit respondent from revoking his probation upon the ground that he had committed a rape upon one Donna Jones, a charge for which, after a second trial, resulted in a jury’s verdict of acquittal. Relator asserts that the jury’s verdict of acquittal of the rape, upon the issue of consent of the alleged victim, deprives respondent of jurisdiction to proceed with the revocation of probation upon the same ground because of the doctrine of collateral estoppel.

Relator cites and relies upon…