Waters v. Commonwealth

For the reasons that follow, I would reverse the conviction and remand for a new trial.

I

I agree with the majority opinion’s view that Highsmith v. Commonwealth, 25 Va.App. 434, 489 S.E.2d 239 (1997), the sole case cited by Waters in support of his res judicata argument, does not support Waters’s contention that res judicata principles apply in this case. I do not agree, however, that privity was not implicated.

*650Relying upon well established precedent, we held in Highsmith that “ ‘the doctrines of res judicata and collateral estoppel apply to criminal, as well as civil, proceedings.’ ” 25…