Metros v. United States District Court for the District of Colorado

I concur in the judgment and the holding of the majority that the writ must issue to protect the privilege against disclosure of the identity of the confidential informer. To me the compelling considerations on the privilege are a sufficient basis for relief and I cannot agree that the principles of collateral estoppel apply under Federal or Colorado law on the record before us.

To me the limitations on collateral estoppel prevent its application here. “It is well established that a prior criminal conviction may work an estoppel in favor of the Government in a subsequent civil proceeding.”…