Dorn v. Commonwealth

Opinion

COLEMAN, J.

In a civil proceeding on September 23, 1985, the trial court declared Wayne Marcus Dorn an habitual offender pursuant to the provisions of Code § 46.1-387.1 et seq. On appeal, Dorn contends that the principles of res judicata and collateral estoppel bar his being adjudged an habitual offender. Specifically, he challenges the use of two of the convictions relied upon by the Commonwealth, contending that the Commonwealth formerly relied upon them in a prior proceeding in 1978 in which he was declared an habitual offender and their use in the former adjudication bars their use…