Legal Opinion
Doe v. Tobias
Indiana Supreme Court
Decided August 31, 1999No. 72S01-9902-CV-147PublishedCited by 20 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
We hold that a trial court should apply offensive collateral estoppel against a convicted criminal defendant on issues that were defended vigorously in the criminal case in the absence of a showing that it is unfair to the defendant to give conclusive effect to the conviction.
Factual and Procedural Background
A full recitation of the facts of Carl M. Tobias’ criminal case is found in Tobias v. State, 666 N.E.2d 68 (Ind.1996). The facts relevant to this case are few. Tobias was convicted for the rape and sexual battery of a juvenile, “Doe,” on August 5,…
2Cases cited10 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Sullivan v. American Cas. Co. of Reading, Pa.Indiana Supreme Court · 1992
- Kimberlin v. DeLongIndiana Supreme Court · 1994
- Tofany v. NBS Imaging Systems, Inc.Indiana Supreme Court · 1993
- Tobias v. StateIndiana Supreme Court · 1996
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3Cited by20 opinions
- Best v. City of PortlandCourt of Appeals for the Seventh Circuit · 2009
- Miller Brewing Co. v. Indiana Department of State RevenueIndiana Supreme Court · 2009
- State v. MorrisIndiana Court of Appeals · 2000
- Mayes v. City of Hammond, InDistrict Court, N.D. Indiana · 2006
- Meridian Insurance Co. v. ZepedaIndiana Court of Appeals · 2000
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