Legal Opinion

State Ex Rel. Leach v. Schlaegel

West Virginia Supreme Court

Decided July 8, 1994No. 21910PublishedCited by 19 opinions

1Per curiam

Petitioners Lisa Leach and Dennie Leach, husband and wife, request this Court to issue a writ of prohibition against the Honorable E. Lee Schlaegel, Judge of the Circuit Court of Lincoln County, to prevent the enforcement of an order vacating a prior judgment in their favor for damages arising out of a domestic violence civil action. We agree with the Petitioners that the doctrine of collateral estoppel prevents relitigation in a civil setting of issues already resolved in a criminal setting. We therefore grant the requested writ and order the reinstatement of the judgment order in favor of…

2Cases cited6 opinions

  1. Conley v. SpillersWest Virginia Supreme Court · 1983
  2. Sayre's v. HarpoldWest Virginia Supreme Court · 1890
  3. In Re Settlement of the Estate of McIntoshWest Virginia Supreme Court · 1959
  4. Lane v. WilliamsWest Virginia Supreme Court · 1965
  5. Baber v. Fortner by PoeWest Virginia Supreme Court · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State Ex Rel. John Doe v. TroisiWest Virginia Supreme Court · 1995
  2. Humphries v. DETCHWest Virginia Supreme Court · 2011
  3. State Farm Fire & Casualty Co. v. SallakCourt of Appeals of Oregon · 1996
  4. MARTIN v. PHILLIPSSupreme Court of Oklahoma · 2018
  5. Laney v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 1996

14 more not listed; retrieve them via the Exa API.

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