TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Revocation findings and collateral estoppel
Go
New
Find
Notify
Tools
Reply
  
Revocation findings and collateral estoppel Login/Join 
Member
posted
If the Judge makes no finding of true or untrue as to a new law violation that is alleged as a violation of a condition of probation, but finds other new law violations true. Is the prosecution precluded from pursuing the new violation that the Judge made no determination of true or untrue regarding? If prosecution is precluded and that was not the Judge's intent, what is the procedural device to attempt to undo the harm assuming court made findings less than 30 days ago?
 
Posts: 17 | Registered: August 08, 2007Reply With QuoteReport This Post
Member
posted Hide Post
I don't see any reason you would be estopped if the Judge made no finding. The fact that it was alleged in the MTR but not ruled upon shouldn't matter....
 
Posts: 66 | Location: Travis County, TX, USA | Registered: August 04, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Collateral estoppel only applies to fact findings. If the judge made no fact findings, then you wouldn't have anything to apply it to. I think you're good.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Revocation findings and collateral estoppel

© TDCAA, 2001. All Rights Reserved.