People v. Gates

In view of a jury verdict of "no jurisdiction” in a child protective probate proceed*151ing, we are asked to determine whether the doctrine of collateral estoppel bars subsequent prosecution of the defendant for criminal sexual conduct where the factual allegations against defendant in both proceedings are essentially the same. Because the prior probate court verdict did not necessarily determine the guilt or innocence of the defendant, we hold that the principles of collateral estoppel do not apply.

i

In February, 1986, the Michigan Department of Social Services petitioned the juvenile division of…