Ferguson v. State

This issue involves whether appellant may be prosecuted for possession of a firearm by a convicted felon after a jury previously acquitted him of attempted first-degree murder based upon the same facts. We hold that because the jury did not have to factually decide whether appellant possessed a firearm in the first trial, the State is not collaterally estopped from bringing the second charge.

The facts surrounding the charge of attempted first-degree murder involve appellant’s confrontation with Ronald Youmans, the victim. Both sides dispute who actually possessed the firearm and how Youmans…