Crosby-Garbotz v. Fell

STARING, Presiding Judge:

¶ 1 In this special action, we conclude the doctrine of collateral estoppel, also *1114known as issue preclusion, does not bar the State of Arizona from prosecuting a person for child abuse after a juvenile court found in a separate dependency action that he did not abuse the child in question and dismissed a dependency petition that was based solely on that alleged abuse. Consequently, the respondent judge did not err in denying petitioner Nikolas Crosby-Garbotz's2 motion to dismiss the underlying criminal action.

Factual and Procedural Background

¶ 2 The following facts…